1 wp8051.11.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8051 OF 2011 Sunil Shripat Chavan ....Petitioner. Vs. State of Maharashtra Through- Secretary, Tribal Development Department & Ors. ...Respondents. Mr. D.B. Sawant for the Petitioner. Mr. C.R. Sonawane, AGP for Respondent Nos. 1 and 2. Mr. R.A. Malandkar for Respondent No.3. Mr. R.K. Mandadkar for Respondent No. 4. CORAM :- D.K DESHMUKH AND ANOOP V. MOHTA, JJ. DATE :- 19 DECEMBER, 2011. P.C. :- This is a Petition filed under Article 226 of the Constitution of India challenging an order passed by the Scrutiny Committee holding that the claim of the Petitioner that he belongs to the Other Backward Class (Hindu Bhandari) is not valid. The decision is by majority of the members of the Scrutiny Committee. We, however, are not inclined to entertain this Petition without going into the merits of the claim because admittedly the Petitioner has filed a false affidavit before the 2 wp8051.11.sxw ssm Scrutiny Committee giving a false genealogy. One Pandit Ganpat was holding a caste validity certificate certifying that he belongs to Hindu Bhandari caste. In order to take advantage of that certificate, the Petitioner on oath admittedly submitted a false genealogy to show that, that person by name Pandit Ganpat is his ancestor. On the basis of that affidavit, he secured a validity certificate which was challenged before this Court in Writ Petition No. 1892 of 2010. That validity certificate was set aside. The matter was remitted back but considering that the Scrutiny Committee at Ratnagiri was acting inappropriately, another Scrutiny Committee being the Scrutiny Committee at Chembur, Mumbai was directed to consider the case. 2 In our opinion, considering that the Petitioner went to the extent of filing false affidavit and producing false documents, it will not be appropriate to entertain the Petition filed by such a litigant in the extra ordinary jurisdiction of this Court. 3 The Petition is therefore, rejected. There shall be no order as to costs. 4 However, it is directed that in case the children of the Petitioner 3 wp8051.11.sxw ssm make an application for either caste certificate certifying that they belong to Hindu Bhandari by caste and they apply for verification of that caste certificate, it will be done on the basis of the material produced by them without being influenced by the order which is impugned in this Petition. (ANOOP V. MOHTA, J.) (D.K.DESHMUKH, J.)