JUDGMENT - KAMDAR S.U. J.: - The learned Counsel appearing for the petitioner submitted that in the light of the judgment of this Court in (Pandurang Ranganath Chavan v. State of Maharashtra and other)1, 1998(4) Bom.C.R. 462 , (Chandrakant Bajirao Shinde v. State of Maharashtra and others)2, 2003(4) Bom.C.R. 535 and unreported judgments of this Court in Writ Petition No. 2745 of 1988 (Ravi Prakash Babulalsing Parmars v. State of Maharashtra and others)3, decided on 28th July, 2003 and Writ Petition No. 6048 of 2004 and Companion writ petition (Amol Narayan Wakkar and another v. State of Maharashtra and others)4, decided on 14th September, 2004, the impugned order of the Caste Scrutiny Committee dated 10th February, 2003 cannot be sustained. The Scrutiny Committee observed in its order as under :

"Hence it is very difficult to determine either candidate belongs to Thakur caste or Thakur tribe only on the basis of documentary evidence. The test of old documentary entry cannot be applied in this case because the caste entries which are synonymous or having same nomenclature with that of tribes, shows the same nomenclature or name in old document found in case of Scheduled Tribes. There

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