1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7119 OF 2008 Smt. Vaishali Vinayak Bhagat @ Kum. Vaishali P. Thale .. Petitioner Versus 1. State of Maharashtra Through Government Pleader High Court, Bombay 2. Scheduled Tribe Certificate Scrutiny Committee, Konkan Division Thane Municipal Corpn. Bldg. Vartak Nagar, Thane- 400 606 3. Sub Divisional Officer Alibaug Division, Alibaug, Dist. Raigad .. Respondents None for the Petitioner Ms. M.P.Thakur, AGP for Respondents 1 to 3 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 9th June, 2009 J U D G E M E N T (Per Mridula Bhatkar, J.) 1. Despite the matter being listed on board for admission, neither the petitioner nor his Advocate is pesent today. Considering the contentions raised in the petition and the documents on record, the matter is taken up for final hearing. 2 2. Heard the learned AGP for the Respondents State. 3. The petitioner has filed this petition challenging the order dated 30.3.2007 passed by the Respondent No.2 - the Scheduled Tribes Certificate Scrutiny committee, Pune Division, ( Scrutiny Committee), invalidating the caste certificate of the petitioner. 4. According to the petitioner she belongs to Dongar Koli which is a Scheduled Tribe. Sub-Divisional Magistrate, Alibaug Division has issued caste certificate of Donger Koli (ST) in favour of the Petitioner. The petitioner obtained job as a Clerk from reservered category meant for ST. Thereafter, her caste certificate was sent for verification to the Respondent NO.2 Committee. The petitioner produced various documents in support of his claim as Donger Koli (ST). However, the Respondent NO.2 Committee, invalidated the caste certificate of the petitioner by its order dated 30.03.2007. The petitioner, being aggrieved by the said order, has preferred this petition. 5. In the petition, it is contended that the documentary evidence produced by the petitioner was not properly appreciated by the scrutiny committee and has also not properly considered the genealogical tree submitted by the petitioner. Ultimately, the petitioner prayed to quash and set aside the impugned order with direction to 3 the Respondent No.2 committee to issue Caste validity Certificates in favour of the petitioners as belonging to Donger Koli- Scheduled Tribe. 6. The Respondents have filed affidavit in reply denying the submissions and contentions of the petitioners. It was contended that the claim of the petitioner was rightly invalidated by the committee that the petitioner does not fall in Scheduled tribe, hence this petition be dismissed. 7. Perused the judgement of the Scrutiny Committee in which the committee has scrutinized all the entries of the relatives of the petitioner from paternal side, in the school registers. Most of the entries are of Son Koli or Hindu Koli. The Scrutiny committee, has considered genealogy and applied affinity test. However, no substantial proof was found to hold the caste of the petitioner as Donger Koli. Report of the Vigilance Cell also did not support the claim of the petitioner. Moreover, it is to be mentioned that the claim of the cousin brother of the petitioner as Donger Koli was turned down by the Division bench of this Court vide Judgement dated 22.6.2007 in Writ petition No. 2015 of 2007. So also, the petition (W.P.No. 9399/2007) filed by the real brother of the petitioner was dismissed as withdrawn, by the Division Bench of this Court vide dated 11th March, 2009 8. Thus, on all the counts, the petitioner loses her claim. 4 We do not find any valid reason to set aside the judgement of the Scrutiny committee. In the result, the petition stands dismissed with no order as to costs. (MRIDULA BHATKAR, J.) (J. N. PATEL, J.) jpc/-