1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5180/2009 Ms.Sweta R.Ghunavat Petitioner versus The State of Maharashtra & Ors. Respondents Mr.S.G.Rajput for Petitioner. Mr.C.R.Sonawane,AGP for Respondent State CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JUNE 28, 2010. P.C. : . Heard counsel for the petitioner and respondents. 2. This petition is directed against order dated 10/6/2008 passed by the Caste Scrutiny Committee (hereinafter referred as the Committee) whereby the caste claim of the petitioner as belonging to Rajput Bhamta, nomadic tribe came to be invalidated . Counsel for the 2 petitioner has submitted that the Committee has ignored the caste validity certificate issued by the Committee in favour of the sister of the petitioner , Smita Ghunavat, vide order dated 27/3/1998 . Counsel for the petitioner has submitted that inspite of validity certificate granted in favour of the real sister of the petitioner placed on record before the Committee , the Committee ignored this document without any justification and came to the conclusion that the petitioner failed to establish that she belongs to Rajput Bhamta nomadic tribe. It is submitted that the approach of the Committee is not proper which has caused great injustice to the petitioner and also rendered the order unsustainable in law. 3. A.G.P.supported the impugned order and pointed out to us the college leaving certificate pertaining to the father of the petitioner dated 10/6/1971 in which the caste of the father of the petitioner is mentioned as Pardeshi . Learned 3 AGP has submitted that the caste is acquired by birth and therefore the Committee is justified in holding that the petitioner does not belong to Rajput Bhamta, nomadic tribe. 4. Considering the contentions canvassed, the factual aspect of the matter has neither been disputed by the petitioner nor there is any challenge raised in respect of the genuineness of the document which pertains to the father of the petitioner wherein the caste shown is Pardeshi. It is evident that a person inherits caste by birth and ,therefore, reliance placed by the Committee on the document pertaining to the father of the petitioner is just and proper since the said document has more probative value as against other documents which were placed on the record of the Committee . 5. In the circumstances no case is made out for showing 4 indulgence. The petition is dismissed. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)