bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7827 OF 2007 PETITION NO. 7827 OF 2007 PETITION NO. 7827 OF 2007 Kum. Nikita Mohan Koli ... Petitioner V/s State of Maharashtra & ors. ... Respondents Mr. R.K.Mendadkar for the petitioner. Mr. V.A.Gangal with Mr.R.D.Rane, Govt. Pleader for the respondents. CORAM: CORAM: CORAM: J.N.PATEL AND J.N.PATEL AND J.N.PATEL AND SMT. SMT. SMT. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. DATED: DATED: DATED: 10TH DECEMBER, 2007. 10TH DECEMBER, 2007. 10TH DECEMBER, 2007. P.C. P.C. P.C.: 1. Heard. 2. The petitioner has impugned the order dated 7.8.2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane, which has found that the claim of the petitioner that she belongs to Malhar Koli, Scheduled Tribe, is not established and was held to be invalid and the caste certificate issued to her by the Deputy Collector and Special Land Acquisition Officer No.7, Mumbai Suburban District, bearing No.ST/K/23/2001, dated 14.2.2002 came to be cancelled and confiscated. 2 3. It is the contention of the learned counsel for the petitioner that the caste scrutiny committee has not taken into consideration the fact that the caste of the petitioner’s father and uncle has been recorded as Malhar Koli and when the petitioner was admitted, her caste has been recorded as Malhar Koli. Further it is contended that Malhar Koli is one of the branches of Koli and has original affinity to that community and, therefore, the Caste Scrutiny Committee has not properly examined the caste claim of the petitioner. It has summarily rejected the customary and social traits which would indicate affinity towards the caste Malhar Koli by observing the traits, characteristics, customs, etc. which does not match with Malhar Koli, Scheduled Tribe and, therefore, the impugned order deserves to be quashed and set aside. 4. We have gone through the impugned order. The Scrutiny Committee has examined the caste claim of the petitioner by going through the documents placed by her on record in support of her caste claim. The matter was got verified by the Vigilance Cell and the Police Inspector of the Vigilance Cell has attached the extract of the school register from the Head Master of Raigad Zilla Parishad School, Bori, Tal. Pen, Dist. Raigad, 3 wherein it has been found that the caste of the grandfather and his two cousins has been recorded as Hindu (Koli), which is prior to 1957. 5. Learned counsel for the petitioner is unable to explain as to how and in what manner the petitioner’s father and uncle became Malhar Koli. Koli by itself is recognised as Backward Class by the Government of Maharashtra. So far as Malhar Koli is concerned, it is recognised as Scheduled Tribe. We have also gone through the proforma in which the petitioner has given information about the social characteristics and traits and her tribe and as rightly observed by the Committee, it does not match with Malhar Koli, Schedule Tribe. 6. We are, therefore, of the view that the Caste Scrutiny Committee has not committed any error or illegality in invalidating the caste claim of the petitioner. 7. Petition is, therefore, dismissed. (J.N. (J.N. (J.N. PATEL, J.) PATEL, J.) PATEL, J.) 4 (SMT.NISHITA (SMT.NISHITA (SMT.NISHITA MHATRE, J.) MHATRE, J.) MHATRE, J.)