JUDGMENT :

R.D. DHANUKA, J.

1. By this Petition filed under Article 226 of the Constitution of India, the Petitioner has impugned the decision and order of the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane-Respondent No.2 herein invalidating the claim of the Petitioner and seeks declaration that the Petitioner belongs to “Thakur-Scheduled Tribe” (Reserved Category) by issuing appropriate writ, order and direction as the case may be. Some of the relevant facts for the purpose of deciding this Writ Petition are as under:

2. On or about 21.03.2000 the Petitioner was appointed as an Assistant Teacher by Respondent No.4. She joined her services on 10.04.2000 in Panchayat Samiti School, Palghar. She was posted in Zilla Parishad School, Dharatpada, Taluka-Palghar on 28.06.2000. Her appointment was against the Scheduled Tribe Reserved Category. Her tribe claim in the prescribed format was referred to Respondent No.2-Committee through Block Education Officer, Panchayat Samiti, Palghar vide letter dated 21.01.2011. The Petitioner submitted 38 documents before Respondent No.2-Committee in support of her Tribe Claim.

3. It is the case of the Petitioner that the Petitioner had submitted School Leaving Certificate issued by the Principal, Savitribai Fule Adhyapak Vidyalaya, Kinhwali showing her caste recorded as “Thakur”. The Petitioner also submitted Government Gazette dated 04.11.1999 showing the change in the name of the Petitioner from Jayshree Subhash Suryawanshi to Jayshree Nitin Thakur after her marriage. The Petitioner submitted School Leaving Certificate in respect of her father Subhash Pitambar Suryawanshi issued by Head Master, Zilla Parishad School, Hol, Taluka Sindkheda where he had completed his Primary School education. His caste was recorded as Thakur on 22.06.1965. Father of the Petitioner had completed his High School education from Vikas Vidyalaya, Nardhane, Dist.- Dhule wherein his caste was recorded as “Thakur” on 16.06.1972. The said Certificate also submitted by the Petitioner before Respondent No.2-Committee.

4. The Petitioner had submitted Caste Certificate as well as 1st page of extract of Service Book of her father, who was in Government service at Manor, recording caste of her father as “Thakur-Scheduled Tribe”. The Petitioner also submitted the school record of her real paternal uncles i.e. School Leaving Certificates issued by the Head Master, Zilla Parishad Marathi School, Hol, Taluka Sindkheda in respect of Motilal Pitambar Suryawanshi and Shantilal Pitambar Thakur who were admitted in the said school on 19.06.1967 and 17.06.1971 respectively. It is the case of the Petitioner that both these uncles had been issued Caste Certificates as belonging to “Thakur-Scheduled Tribe” by the Tahsildar and Executive Magistrate, Sindkheda.

5. The Petitioner submitted the School Leaving Certificate of her grandfather Pitambar Vedu Thakur who was admitted in Zilla Parishad Marathi School, Hol, Taluka-Sindkheda on 19.07.1941 wherein his caste was recorded as “Thakur”. The mother of the Petitioner i.e. Meena Handu Thakur had been issued Caste Certificate by the Executive Magistrate, Dhule belonging to “Thakur-Scheduled Tribe”. The name of the mother of the Petitioner was changed from Ku. Meena Handu Thakur to Sou. Meena Subhash Suryawanshi after her marriage and was notified vide Government Gazette dated 27.05.1982. The said Caste Certificate was also submitted by the Petitioner before Respondent No.2-Committee. The Petitioner also submitted the Caste Validity Certificate issued to Jamsing Handusing Bhamare who is the maternal uncle i.e. brother of Petitioner’s mother issued by Scheduled Tribe Certificate Scrutiny Committee, Nashik on 16.02.2000 accepting the Tribe Claim of the said uncle of the Petitioner. Along with said Caste Validity Certificate the Petitioner also submitted an affidavit of the said Jamsing Handusing Bhamare showing genealogy and relationship with the Petitioner.

6. The Petitioner submitt