1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2207 OF 1998 Shamim Begum w/o Mohd. Magdum, age: major, Occ: Household, R/o Qureshi Mohalla, Purna, District Parbhani. Petitioner Versus 1 The State of Maharashtra 2 The Collector, Parbhani. 3 The Caste Scrutiny Committee under Divisional Social Welfare Officer, Aurangabad Division, Jalna Road, Aurangabad. 4 Sow.Gangasagar w/o Ambadas Bhawure, age: major, Occ: Household, R/o Ashok Road, District Parbhani. Respondents Mr.N.P.Patil-Jamalpurkar, advocate for the petitioner. Mr.K.G.Patil, A.G.P. for Respondents No.1 to 3. Mr.S.S.Bora, advocate for Respondent No.4. CORAM: B.R.GAVAI AND S.V.GANGAPURWALA, JJ. DATE : 14 th July, 2010. ORAL JUDGMENT (Per B.R.Gavai, J.): 1 By way of preset petition, the petitioner challenges the order passed by the Caste Scrutiny Committee thereby invalidating caste claim of the petitioner of belonging to Scheduled Caste on the basis that `khatik’ caste is included in the said category. 2 2 Shri N.P.Patil-Jamalpurkar, learned Counsel appearing on behalf of the petitioner, submits that Respondent-Scrutiny Committee has totally erred in negativing the claim of the petitioner, though the petitioner has given sufficient material in support of her claim. He further submits that the order is also bad for not following the principles of natural justice. 3 Shri Patil, learned A.G.P., on the contrary, submits that since the petitioner belongs to Muslim religion, she is not entitled to claim the status of Scheduled Caste. It is, therefore, submitted that the petition is without any substance. 4 The perusal of the Presidential Order, notifying the Scheduled Castes and Scheduled Tribes, would reveal that only the persons from such of the castes, who profess Hinduism or Sikhism, are entitled to the benefits of Scheduled Caste. Admittedly, since the petitioner does not either belong to Hindu or Sikh religion, but belongs to Muslim religion, is not entitled to the benefit of Scheduled Caste. In that view of the matter, no infirmity is found in the order of the Scrutiny Committee rejecting the claim of the petitioner. 5 Writ Petition is, therefore, dismissed. Rule discharged. No costs. (S.V.GANGAPURWALA) (B.R.GAVAI) JUDGE JUDGE ******* adb/wp220798