-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4992 OF 2009 Prashant Vasant Bhoi ... Petitioner versus The State of Maharashtra and others ...Respondents Mr. Shiva Patil for the petitioner. Shri C.R. Sonawane, AGP, for the State. CORAM: P.B. MAJMUDAR & R.M. SAVANT, JJ. DATE: JUNE 23, 2010. P.C. This petition takes exception to the order of the Caste Scrutiny Committee dated 8th February, 2008 by which order it has been held that the petitioner would not be entitled to the benefits of belonging to Bhoi caste (NT) in the State of Maharashtra in view of the fact that the petitioner is a migrant. In support of his claim for being granted a validity certificate, the petitioner relied upon various documents amongst which were the domicile certificate dated 30th November, 2006 issued by the Executive Magistrate, Vasai to his father Shri Vasant Savlya Bhoi as also the School Leaving Certificate of his father dated 13th January, 1970 issued by the Deccan Education Society’s Madhavji High School, Umbergaon, Dist. Valsad. -2- 2. A reference to the Full Bench of this Court be made in the case of Kum. Shweta Santalal Lal vs. State of Maharashtra, on the following question: “Whether a person who was ordinarily resident as on the date of the relevant Presidential Notification in the area that now constitutes the State of Maharashtra will be entitled to the benefit of reservation in the State.” 3. The Full Bench answered the reference by judgment dated 3rd March, 2010 and held that to avail of the benefit of a particular tribe or community which has been declared so by the Presidential Notification, the persons claiming such benefit must have ordinarily resided as on the date of the Presidential Notification in the area now constituting the State of Maharashtra. 4. The Committee, on the basis of the material on record, has concluded that the father of the petitioner was not ordinarily residing in the area which has now come to the State of Maharashtra prior to the cut off date i.e. 1st May, 1960 when the State reorganization took place. The Committee has recorded a finding that the father of the petitioner migrated for education to the State of Maharashtra in the year 1973. 5. We have heard the learned counsel for the petitioner as also the learned AGP for the respondents. Indubitably, the father of the petitioner has studied in a school in Umbergaon, which is now part of Gujarat State, and has -3- passed the SSC examination in October 1961, which is evidenced by the School Leaving Certificate of his father, reliance on which was placed by the learned counsel for the petitioner. In fact, the petitioner’s father deposed before the Committee that he was studying in Umbergaon upto the year 1969 and thereafter in the year 1973 he joined the J.J. School of Arts at Mumbai. The finding of the Committee, therefore, that the father of the petitioner was not ordinarily residing in the State of Maharashtra before 1-5-1960 i.e. formation of the State of Maharashtra or even before 21-11-1961, that is the cut off date in respect of the Nomadic Tribe “Bhoir”, cannot be found fault with. We do not find any illegality or infirmity in the order of the Committee for us to interdict in our extraordinary jurisdiction under Article 226 of the Constitution of India. The petition is accordingly dismissed. The petitioner may avail of the benefit of belonging to N.T. if he is so entitled to in terms of the law laid down by the Full Bench of this Court in the State of his origin. P. B. MAJMUDAR, J. R.M. SAVANT, J.