Kambli 1 WP5149.07 IN THE HIGH COURT JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5149 OF 2007 ... Mrunalini Sitaram Thakur ...Petitioner v/s. 1.The State of Maharashtra 2.The Scheduled Tribe Caste Certificate Scrutiny Committee 3.Balak Mandir Sanstha ...Respondents ... Mr.R.K.Mendadkar for the Petitioner. Mr.V.A.Gangal Special Counsel with Mr.C.R.Sonawane, AGP for State. ... CORAM: D.K.DESHMUKH & N.D.DESHPANDE,JJ. DATED: 22nd November,2010 P.C.: 1. By this petition the Petitioner challenges the order dated 25th April, 2007 passed by the Scrutiny Committee holding that the claim of the Petitioner that she belongs Kambli 2 WP5149.07 to Thakar Scheduled Tribe is not valid. 2. Perusal of the record shows that the Petitioner was mainly relying on the validity certificate issued in favour of her two brothers. That aspect of the matter has been considered in detail by the Scrutiny Committee and the Scrutiny Committee has held that her bothers were issued validity certificate purusant to the order passed by the High Court. No affinity test was conducted, presumably because at that time as the law stood the affinity test was not permitted to be conducted. Now, in view of the judgment of the Full Bench of this Court in its judgment in the case of Shilpa Vishnu Thakur v/s. State of Maharashtra & Ors., 2009(3) Bom.C.R.497, the law is settled that if the nomenclature of the caste is same, then affinity can be held. The Scrutiny Kambli 3 WP5149.07 Committee, therefore, has held that because the validity certificates issued to the brothers of the Petitioner without conducting affinity test, those certificates cannot be relied on by the Petitioner. The Scrutiny Committee, thereafter, proceeded to consider whether the Petitioner has any affinity with the scheduled tribe and has recorded a finding of fact that there is no affinity. The record also reveals that the Vigilance Cell also considered this aspect of the matter. The Scrutiny Committee consists of expert on the subject. The findings recorded by them are findings of fact. The scope of this court to interfere with those findings is extremely limited. In our extra ordinary jurisdiction those findings cannot be disturbed. 3. We find no substance in the Kambli 4 WP5149.07 petition. Petition, thus, fails and is dismissed. Rule discharged. No order as to costs. (D.K.Deshmukh,J.) (N.D.Deshpande, J.)