: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5711 OF 2008 Nazia Mohammad Tariq Shaikh. .. Petitioner Vs. State of Maharashtra & Ors. .. Respondents -- Shri R.K. Mendadkar for the Petitioner. Ms M.P. Thakur, AGP for State. -- CORAM : SWATANTER KUMAR, C.J. & A.P. DESHPANDE, J DATE : 17TH SEPTEMBER, 2008 P.C. We have heard the learned Counsel appearing for the parties. The challenge in the petition is to the order passed by the Caste Certificate Scrutiny Committee dated 10th April, 2008. The primary contention raised by the learned Counsel appearing for the Petitioner is that the Committee has not considered the relevant evidence produced before it on record by the Petitioner. Further the contention raised is that in terms of a Division Bench judgment of this Court in Writ Petition No.4165 of 2007 delivered on 5th March, 2008 ( Shri Narayan Janu Pawar vs The Caste CertificateScrutiny Committee, Navi Mumbai & Ors. ), a show cause : 1 : notice was expected to be given to the Petitioner before the Committee proceeded to reject the recommendations made by the Vigilance Committee in its Report dated 20th December, 2007. 2. Both these contentions are without any merit. In the impugned order, it has specifically been noticed as under:- “Applicant has no evidence towards caste/occupation of Jullah. There is no eye witness evidence to show that any of the relatives are doing this occupation and there is no such remarks in the vigilance cell report. Caste claim cannot be proved simply from statements of three witnesses. Therefore by furnishing copy of report of vigilance cell, show cause notice dated 2-2- 2008 was issued to submit evidence towards caste.” 3. After considering the reply and documents submitted by the Petitioner, the Committee concluded that “in the instant case, there is only entry as Musalman in the school leaving certificate of father. There is no evidence showing caste entry as Jullah other than caste certificate in the evidence annexed by the applicant.” While rejecting the Report of the Vigilance Cell, the Committee noticed that except recording the statements of three persons who are also the local villagers of the Applicant, no documentary or substantial evidence was noticed by the Vigilance Committee : 1 : suggesting that the Petitioner belonged to Jullah caste. We may also notice that the Government Circular dated 22nd July, 1996 is of no assistance to the Petitioner in as much as it only provides guidelines for examining the cases for grant of caste certificate/validity caste certificate where the Applicant is Muslim. It no way directs that every Muslim of that area would be recognized as Other Backward Class. 4. In any case, as these are the matters based upon appreciation of the evidence, we do not find it appropriate to interfere in the findings recorded by the Caste Certificate Scrutiny Committee in exercise of writ jurisdiction under Article 226 of the Constitution of India. The Writ Petition is, therefore, dismissed with no order as to costs. CHIEF JUSTICE A.P. DESHPANDE, J