1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1968 OF 2007 Shyamkant Kailas Thakur. ...Petitioner. vs. 1.The State of Maharashtra & ors. ...Respondents. --- Mr.R.K.Mendadkar, for Petitioner. Mr.V.A.Gangal, Special Counsel @ Mr.S.S.Deshmukh, Mr.Ashok Gade & Mr.C.R.Sonawane, AGP for Respondents 1 & 2 & 4. CORAM: D.K.DESHMUKH & K.K.TATED, JJ. DATED: 5th December,2009 P.C.:- 1. By this petition, the petitioner challenges the order dated 15.2.2007 passed by the Scrutiny Committee holding that the petitioner s claim that he 2 belongs to Thakur Scheduled Tribe, is not valid. The claim of the petitioner has been denied mainly applying affinity test. Now the Full Bench of this Court in the judgment in the case Shilpa Vishnu Thakur Vs. State of Maharashtra & ors., 2009(3) Bom.C.R. 497 has settled a law that affinity test can be applied while considering the caste claim. The order is made by the Scrutiny committee which has been constituted by the Government pursuant to the directions issued by the Supreme Court. It consists of the persons who are experts in the field. Therefore, so far as the merit of the controversy is concerned we will not be justified in interfering with the conclusion reached by the Scrutiny committee. The interference of this Court in the order of the Scrutiny committee should be restricted only where the Court finds that there was infraction of principles of natural justice in decision making process. 2. The submission of the learned Counsel appearing for petitioner is that the real brother of 3 the petitioner was granted validity certificate and his claim that he belongs to Thakur Scheduled Tribe was upheld by the judgment of the Division Bench of this Court. Perusal of the order of the Scrutiny committee shows that that point has not been considered by the scrutiny committee and it appears to be the view of the Scrutiny committee that the Division Bench of this Court has held that the brother of the petitioner belongs to Thakur Scheduled Tribe because in all the documents caste mentioned was Thakur and the Law then followed was that affinity test cannot be applied and if the caste shown in the document is same as mentioned in Constitution Scheduled Tribes order then a validity certificate has to be issued. In our opinion, the view taken by the Scrutiny committee cannot be faulted in view of the judgment of the Full Bench of this Court referred to above. In our opinion, therefore, the petition will have to be dismissed. It is accordingly, dismissed. Rule discharged. No order as to costs. 3. At the request of the learned Counsel 4 appearing for petitioner, it is directed that the interim order which is presently operating shall continue to operate for a period of eight weeks from today. (D.K.DESHMUKH, J.) (K.K.TATED, J.)