1 WP No.1968/03 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1968 of 2003 S.S.Kasulla ... Petitioner versus The State of Maharashtra & Anr ... Respondents ... Mr. R.K.Mendadkar for the petitioner. Mr.C.R.Sonawane AGP for respondents CORAM : D.K. DESHMUKH AND N.D.DESHPANDE, JJ DATED : 25th August 2010 P.C. 1. By this petition, petitioner challenges the order passed by the Scrutiny Committee dated 20th December 2001 holding that the claim of the petitioner that he belong to Mannervarlu Schedule Case is not valid. 2. We have heard learned counsel appearing for both the sides. We find that one of the reasons given by the Tribunal for rejecting the claim of the petitioner is his failure to show affinity with Kolam Schedule Tribe because entry no.27 in the schedule tribe order in relation to the State of Maharashtra is “Kolam; Mannervarlu”. Learned counsel appearing for the petitioner relying on a judgment of the Supreme 2 WP No.1968/03 Court in the case of State of Maharashtra & Ors v/s. Mana Adim Jamat Mandal reported in 2006(4) SCC 98 submits that Mannervarlu is an independent schedule tribe and it is not necessary for a person who claims to belongs to Mannervarlu schedule tribe to establish affinity with Kolam tribe. It is apparent that the judgment of the Supreme Court in Mana Adim Jamat Mandal’s case was not in the field when the order impugned in the petition was made. In our opinion, the order of the scrutiny committee will have to be set aside. In our opinion, following order would meet the ends of justice. O R D E R (i) The order dated20th December 2001 impugned in the petition is set aside. (ii) Matter is remanded back to the scrutiny committee for denovo consideration and in accordance with law. (iii) Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J) (N.D.DESHPANDE,J)