JUDGMENT - KHARCHE S.T., J.:---Heard Mr. Madkholkar, learned Counsel, for the petitioner, Mr. Sonare, learned A.G.P. for respondent No. 1 and Mrs. Deshpande, learned Counsel, for respondent No. 3.

2. Invoking the jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, the petitioner has sought the relief for quashing the order dated 15-10-1985 passed by respondent No. 3/Caste Scrutiny Committee and the order dated 5-10-1988 passed by respondent No. 2/Commissioner, Nagpur Division, Nagpur, dismissing the petitioner's appeal. The petitioner claims to be a "Thakur" belonging to the Schedule Tribe as specified by the President after consultation with the Governor of the State in accordance with the provisions of Article 342 of the Constitution of India. By virtue of the impugned orders, petitioners' caste claim has been invalidated and it has been held that he belongs to "Kshatriya Thakur" caste which is outside the purview of Entry No. 44 in Part IX of Schedule II to the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976, Act No. 108 of 1976, enacted by the Parliament.

3. The petitioner is resident of Umrer, District Nagpur. The petitioner had obtained the Caste Certificate bearing No. R.C. 644/MRC-81/80-81, dated 24-7-1981, from the Executive Magistrate, Umrer. He had applied for the post of Assistant Sales Tax Inspector against a vacancy reserved for Scheduled Tribe. He was appointed in the reserved category as inspector of Sales Tax in Class III cadre by an appointment order dated 12-9-1984 issued by the Additional Sales Tax Commissioner, Bombay. The appointment order was subject to training for two years.

4. On 19-3-1985 the petitioner received a communication asking him to attend the office of the Caste Scrutiny Committee on 25-3-1985 for verification of his caste claim. The petitioner appeared before the Caste Scrutiny Committee and led evidence including the caste certificate issued by the Executive Magistrate, extract of birth register from the Municipal Council, Umrer, dated 23-12-1959 and the School Leaving Certificate dated 21-6-1983 issued by the Head Master, Ashok Vidyalaya, Umrer. Along with these documents, the petitioner had also replied the questionnaire which was supplied to him. The Caste Scrutiny Committee on considering the evidence had come to the conclusion that the petitioner belongs to 'Kshatriya Thakur' which is mentioned in the Higher Secondary School Leaving Certificate. The Caste Scrutiny Committee observed that the petitioner does not know the dialect, he has no relatives in Thane and Kolaba districts and that he admitted that he belongs to the caste 'Kshatriya Thakur'. The Caste Scrutiny Committee also observed that the petitioner has utterly failed to establish his affinity such as socio-cultural and ethnic linkages with Thakur tribe and consequently invalidated his caste claim and recorded a finding that the petitioner belongs to 'Kshatriya Thakur'.

5. Being aggrieved by the order passed by the Caste Scrutiny Committee, the petitioner preferred an appeal before the Commissioner, Nagpur Division, Nagpur. The Commissioner took an extremely technical view of the matter and without trying to verify the authenticity or genuineness of the documents produced before him, confirmed the finding recorded by the Caste Scrutiny Committee to the effect that the petitioner belongs to 'Kshatriya Thakur' caste which is a high caste. The Appellate Authority observed that although it is shown that the petitioner's father is 'Thakur', it is not specifically mentioned that he belongs to Scheduled Tribe.

6. The learned Counsel for the petitioner vehemently argued that the Caste Scrutiny Committee has no jurisdiction to enquire as to whether the petitioner belongs to Scheduled Tribe. He contended that no enquire at all is permissible and no evidence can be let in to find out and decide that if any tribe or Tribal Community or a part of or group within any tribe or tribal community

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