-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5106 of 2008 Sunil Maruti Mane ..Petitioner vs. 1. State of Maharashtra and others ..Respondents Shri R.K.Mendadkar for petitioner. Shri V.P.Malvankar, A.G.P. for respondent State. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 23rd October, 2008 23rd October, 2008 23rd October, 2008 P.C. P.C. P.C. 1. Heard the learned Counsel appearing for the parties. 2. The petition has been filed by the petitioner whose caste certificate has been invalidated by the respondent Caste Scrutiny Committee by its order dated 28th April, 2008. 3. The petitioner claims that he belongs to caste " Mahadev Koli" which is recognised as Scheduled Tribe and obtained a certificate where his caste is shown as "Mahadev Koli" which was issued by the Executive Magistrate, Khatav (Vaduj). As the -2- petitioner is in employment of respondent no.3 his caste certificate was referred to the Scrutiny Committee for verification. The Caste Scrutiny Committee found that not only the record of the caste of the petitioner’s relative shows that most of them are Koli but it was also satisfied that there has been interpolation done in the school record by introducing the word "M" which is in different ink and hand writing in the case of his father at two places whereas that of his uncle the caste is recorded as "Hindu" and in one certificate of his father in the caste column, above the words " Hindu Koli" the word "Mahadev" has been interpolated. In the certificate of his aunt the caste is shown as Hindu Koli. The Scrutiny Committee did not stop here but also went ahead and examined the caste claim of the petitioner by putting him to affinity test. For that no enquiry was conducted regarding characteristic, customs and traditions of that community and the petitioner was also called upon to give particulars of the same and the Caste Scrutiny Committee after going through the information collected found that the petitioner has no affinity towards the caste "Mahadev Koli" and proceeded to pass the impugned -3- order invalidating the caste certificate issued in favour of the petitioner. 4. The learned Counsel appearing for the petitioner submitted that the Committee has erred in holding that the caste of the petitioner’s relatives particularly his father as mentioned in the record is interpolated though it is authenticated by the Head Master. Further, it is submitted that the petitioner was not given a fair opportunity of hearing and except for calling the petitioner in getting the information filled in, he was not given fair opportunity. From the impugned order we find that the petitioner was given sufficient opportunity of hearing and he could not establish his caste claim and, therefore, the respondent Committee has not committed any error or illegality in invalidating the caste claim of the petitioner. The petition is dismissed with costs. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)