1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.733 OF 2009 Shivshankar Mallappa Kumatgi .... Petitioner V/s. State of Maharashtra and Ors. ..... Respondents Mr.C.K.Bhangoji i/by Mr.R.K.Mendadkar, for the petitioner. Smt.S.S.Bhende, AGP, for the respondent – State. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 19th MARCH, 2010 P.C. 1. By way of this petition, petitioner has prayed for issuance of writ directions under Article 226 of the Constitution of India, for setting aside the order passed by the Scheduled Tribe Scrutiny Committee, dated 24-09-2007, by which the Committee has refused to recognize the claim of the petitioner that he belongs to Mahadeo Koli, Scheduled Tribe. The Tahasildar and Executive Magistrate, North Solapur, had issued a certificate to the petitioner showing that he belongs to Mahadeo Koli. However, the Committee found that the claim of the petitioner is not justified and invalidate the caste certificate. It is required to be noted that as per Rule 12 of the Maharashtra Scheduled Tribes (Regulation of Issuance and Verification of Certificate Rules, 2003, the case of the 2 petitioner was handed over to the Vigilance Cell for conducting inquiry. Accordingly, Vigilance Cell has submitted inquiry report on 17-03-2006. The Inquiry Officer recorded statement of the applicant during the course of inquiry and has also considered the aspect regarding marriage ceremony performed in the community of the petitioner. It has been noted by the Inquiry Officer that the traditional occupation of the community of the petitioner is agriculture and distribution of water with the help of Pakhal, selling of lime, to rear sheep, goat etc. In the marriage ceremony, raising haldi and colours, koli dance is performed. From the scrutiny of the school general register, the caste of the petitioner was shown as Hindu Koli and thereafter (“Mahadeo Koli”). The extract of the school register regarding petitioner’s elder brother was also considered, wherein he was shown as “Koli”. The report of the inquiry officer was also served upon the petitioner and he was asked to submit his say. 2. It is required to be noted that in the service book of the father of the petitioner, his caste was shown as “Koli”, date of birth was shown as 01-07-1906. The claim of the petitioner however, is that he belongs to Mahadeo Koli community, which is Scheduled Tribe and he is not claiming to be a Koli. However, the committee has found that the service book as back as in the year 1996, can be treated as authentic document for deciding the tribe and claim of the petitioner. In the ration 3 card produced by the petitioner, no caste was mentioned. The caste certificate issued by the Tahasildar was accordingly taken under the scrutiny and after detailed inquiry, it was found that the petitioner belongs to Koli caste, which is a backward community, but not Mahadeo Koli, which is considered as Scheduled Tribe. The committee has also considered the Domicile Certificate of the petitioner, which also indicates the caste of the petitioner as Hindu Koli. 3. In our view, the committee on proper appreciation has rightly found that the petitioner belongs to Hindu Koli, but not Mahadeo Koli, which is a scheduled tribe. On appreciation of evidence said finding is given and this is not a case in which said finding can be disturbed by us in our extra ordinary jurisdiction under Article 226 of the Constitution of India. This Court cannot re-appreciated the entire evidence, even if it is required to be appreciated. The view taken by the Committee is just and proper. We do not find any merit in the petition and the same is accordingly dismissed with no order as to costs. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J.)