-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.1494 OF 1998 NO.1494 OF 1998 NO.1494 OF 1998 Bhimasha H. Bardee ...Petitioner v/s The Tahasildar and Executive Magistrate, Pune and ors. ...Respondents Mr R.K. Mendadkar for Petitioner. Mr C.R. Sonawane, AGP for Respondent Nos.1, 2 and 5. CORAM : D.K. DESHMUKH AND J.H. BHATIA JJ. DATE : 3RD APRIL 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order passed by the Committee for Scrutiny and Verification of Tribes Claim, Pune dated 9th February 1998. The only ground on which the learned counsel appearing for petitioner challenges the order is that the day on which the order was passed, the Scrutiny Committee was not vested with power to verify the caste certificate issued in favour of person who was seeking employment in Pune Municipal Corporation. The order impugned has been made because of the reference made by the Pune Municipal Corporation, but the fact remains that even by the Government Resolution dated 11th June 1998, power has been conferred on the same Scrutiny Committee. Therefore, in order to find out whether there is any prima facie case made out by the petitioner on merit that he belongs to Mahadeo Koli, Scheduled Tribe, we have perused the record. We find that the petitioner’s claim is not only untenable but it is fraudulent. The only pre-1950 document on which the petitioner relies was the letter written by the employer of father of the petitioner. The enquiry was made from the employer of the petitioner and the Scrutiny Committee was informed by the employer that the original record of the father’s service is not available. The -3- petitioner was therefore given show-cause notice by the Scrutiny Committee to explain how he obtained the letter from the employer when the original record is not available. The Scrutiny Committee has noted in its order that the petitioner did not submit any explanation. The Scrutiny Committee has stated that the service record of the petitioner’s father cannot be relied on. There is no other document of the period before 1950 relied on by the petitioner. It appears that the petitioner was trying to make the claim that he belongs to Scheduled Tribe on concocted and false document. In our opinion, therefore, the petitioner is not a person who deserves interference in his favour by this Court under its extra ordinary jurisdiction under Article 226 of the Constitution of India. Thus, petition fails, rule is discharged with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( J.H. BHATIA J.)