1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4720 OF 2009 Shrawan s/o Vithalrao Mane ..PETITIONER VERSUS The State of Mah. & ors. ..RESPONDENTS Mr A.N. Gaddime, Advocate holding for Mr V.D. Gunale for the petitioner; Mr K.B. Choudhary, AGP for respondents no.1 & 3; Mr R.P. Phatke, Advocate for respondent no.2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 22nd July, 2009 PER COURT : This is a petition under Article 226 of the Constitution of India, which takes exception to an order passed by the respondent Scrutiny Committee, dated 31.3.2009 invalidating the tribe claim of the petitioner as belonging to “Koli Mahadev” - Scheduled Tribe. The caste certificate of the petitioner came to be referred by the Collector, Nanded to the Scrutiny Committee for verification. In support of his plea as belonging to “Koli Mahadev”, the petitioner submitted various documents. From the order of the Scrutiny Committee it is apparent that the vigilance cell conducted inquiry and on the basis of the inquiry it transpired that the caste of cousin of the petitioner was recorded as “Koli”. The caste of brother and father of the petitioner was also 2 recorded as “Koli”. In respect of father of the petitioner the school admission extract indicates that his caste was recorded as “Koli” on 4.2.1964. In that light of the matter, therefore, the Scrutiny Committee invalidated the claim of the petitioner as belonging to “Koli Mahadev” - Scheduled Tribe. 2. We have heard learned Counsel for the petitioner, who has urged before us that the respondent – Scrutiny Committee erred in not taking into consideration the important documents of the relatives from the maternal side. According to us, caste status of the relatives from the maternal side are not germane for deciding the caste of the petitioner. According to us, the very fact that the caste of the father of the petitioner and brother of the petitioner was recorded as “Koli”, the caste of the petitioner could not be anything different and the claim of the petitioner as belonging to “Koli Mahadev” - Scheduled Tribe is unsustainable in law. In the light of that matter, therefore, there is no merit in the petition and the petition is, therefore, summarily dismissed with no order as to costs. [ A.V. POTDAR, J. ] [ P.V.HARDAS, J.] amj/wp4720.09