-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.2561 OF 2008 NO.2561 OF 2008 NO.2561 OF 2008 Mrunalini N. Eram ...Petitioner v/s The State of Maharashtra and ors. ...Respondents Mr G.S. Godbole i/b Mr Nitin Mulye for Petitioner. Mr V.A. Sonpal, AGP for Respondents. CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE : 4TH AUGUST 2008. -2- P.C. :- 1. By this petition, the petitioner challenges the order passed by the Scheduled Tribe Certificate Scrutiny Committee, Pune Region dated 26th July 2007. By that order, the Committee had held that the claim of the petitioner that she belongs to Mannervarlu, Scheduled Tribe is invalid. The only submission made by the learned counsel appearing for petitioner was that by order made by the Divisional Commissioner dated 10th December 1992, the claim made by real brother of the petitioner that he belongs to Mannervarlu, Scheduled Tribe has been accepted as valid, however, the Committee has not considered that Certificate while rejecting the caste claim of the petitioner. It is to be seen that the order of the Divisional commissioner is dated 10th December 1992, much before the law was firmly laid down by the Supreme Court in its judgment in the case of Kum Madhuri Patil and anr. v/s Additional Commissioner, Tribal Development and ors., reported in (1994) 6 SCC 241 and therefore the order of the Divisional Commissioner cannot be relied on by the Committee. In our opinion, the Committee, though has not specifically said so in the order, was justified in ignoring the order passed by the Divisional Commissioner. We do not -3- see any substance in the petition, petition is rejected. . 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.P. DEVADHAR J.)