F. I. REBELLO, J.

( 1 ) RULE. Heard forthwith.

( 2 ) THE petitioner claims to belong to Dhodia tribe which is recognized as a scheduled tribe pursuant to issuance of the Presidential Notification under Article 342 (1) of the Constitution of India both in the State of Gujarat as also in the State of Maharashtra. The petitioners father was born on 2-6-1953 at village Pitha, taluka Chikhali, District Valsad now in State of Gujarat. The petitioners father was employed with the Western Railway since 23-1-1976. The petitioner was born on 15-8-1979 at village Pitha, Valsad in the State of Gujarat. Petitioners and his fathers caste is shown as "hindu Dhodia". It is the case of the petitioner that he was granted certificate of domicile on 4-2-1997 by the Additional Chief metropolitan Magistrate, 24th Court, Borivali, Mumbai setting out that the petitioner is a domicile of State of Maharashtra. The petitioner sought admission to the Engineering degree course and as such he moved respondent No. 2 which is the Tribe scrutiny committee for validating his tribe certificate. The committee, however, was pleased to invalidate the certificate holding that the petitioner is a migrant from the