IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. WRIT WRIT WRIT PETITION NO. 1583 OF 2004 PETITION NO. 1583 OF 2004 PETITION NO. 1583 OF 2004 Ms. Pallavi Dayaram Alibagkar ....... Petitioner. versus Scheduled Tribe Certificate Secrutiny Committee. Konkan Dviision,. Thane ..... Respondents. ..... Shri Rajiv Patil and Sachin Pande for the petitioner Shri V.T.Sanglikar for Respondent no.2. Shri A.P.Vanarse AGP for State ..... CORAM CORAM CORAM ; V.G.PALSHIKAR ; V.G.PALSHIKAR ; V.G.PALSHIKAR & SMT. SMT. SMT. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. NISHITA MHATRE, JJ. DATED; DATED; DATED; 9TH MARCH, 2005. 9TH MARCH, 2005. 9TH MARCH, 2005. P.C.; P.C.; P.C.; 1. By this petition, the petitioner has challenged the order passed by the Caste Scrutiny Committee basically on the ground that it suffers from non application of mind. 2. We have perused the papers and the impugned order. Heavy reliance is placed by the Committee on the fact and probative value of the certificate of the petitioner’s father and grandfather which were in existence prior to 1950. They could not therefore have any mention of the person named in that certificate as belonging to anything else than Koli. However the Committee proceeds to reject the validation of the certificate on the ground that since this certificate do not mention of Mahadeo Koli as caste or tribe, the petitioner has not proved that she belongs to such a tribe. This approach is clearly contrary to law and therefore the order of the Committee is liable to be set aside. It is accordingly set aside and the matter is remitted back to the Committee to decide the caste afresh after taking into consideration the entire evidence available before the Committee. Petition accordingly disposed of. ....