A. M. DHAVALE, J.

These petitions are filed by Monika and Chetan, who are real brother and sister. They are seeking quashing and setting aside of the orders invalidating their tribe claim of Thakur, Scheduled Tribe. The impugned orders passed by Caste Scrutiny Committee, Nandurbar on 24.09.2009 and 24.06.2010, respectively, are on the same grounds.

2. Pleadings and the arguments of Shri. Golegaonkar, learned advocate for the petitioner, disclose following grounds for challenge.

(i) One brother and three sisters of the petitioners have been granted validity certificates of 'Thakur' Scheduled Tribe.

(ii) The consistent school record of the petitioners, their siblings, father and grandfather disclose caste as 'Thakur', which is declared as Scheduled Tribe. It was not open for the Committee to consider whether the petitioner are tribals or nontribals.

(iii) The committee erred in considering the area of residence even though the area restriction has been removed by the amendment of 1976 to the Scheduled Tribes Order.

(iv) When the caste was shown as Hindu Thakur in the school record of the petitioners and their forefathers and when there were validity certificates in favour of thei