- (1.)The question as to whether the applicant i.e. petitioner herein belongs to Mahadeo Koli, Scheduled Tribe, once again comes before us by way of this petition.
(2.)By way of this petition filed under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the order of the Caste Scrutiny Committee dated 22nd January, 2003 by which order the Caste Scrutiny Committee has invalidated the caste claim of the petitioner as belonging to Mahadeo Koli, Scheduled Tribe.
The factual matrix involved in the petition can be stated thus:

(3.)1 The petitioner claims to belong to be Mahadeo Koli, which is notified as a Scheduled Tribe under the Presidential Notification issued under Article 342 (1) of the Constitution of India. The father of the petitioner was granted a caste certificate by the Mamlatdar, Gadhinglaj, District Kolhapur on 24 th September, 1956. It appears one Bhangari Lagama Koli, uncle of the petitioner, was also granted caste certificate by the Additional District Magistrate, Kolhapur on 11 th September, 1956. The petitioner, probably relying upon the certificates granted to his father and uncle, applied for a caste certificate as belonging to Mahadeo Koli, Scheduled Tribe, which was granted to the petitioner by the Respondent No.4 herein on 8th September, 1977.
3.2 In so far as the family members of the petitioner are concerned, his real brother one Dr. Prakash Ramchandra Koli, was seeking admission to a professional course, his admission to the professional course came to be cancelled by the college authorities on the ground that he did not belong to Mahadeo Koli Scheduled Tribe which resulted in the said Prakash Ramchandra Koli filing Writ Petition No. 3030 of 1980 in this Court challenging the order of the college authorities which had cancelled his admission. The said writ petition came to be allowed by a judgment and order dated 16 th January, 1981 by a Division Bench of this Court and the petitioner's brother along with one Shrikant Bhangari Koli were held to be as belonging to Mahadeo Koli, Scheduled Tribe. It appears that the case of one Kum. Jyoti Prakash Patil, who is the niece of the petitioner, also came to be referred to the Caste Scrutiny Committee and in respect of the said Kum. Jyoti Prakash Patil, the Caste Scrutiny Committee invalidated the claim as she belonging to Mahadeo Koli, Scheduled Tribe, resulting in the said Kum. Jyoti Prakash Patil filing Writ Petition No. 5432 of 2002 in this Court which came to be allowed by a Division Bench of this Court by a judgment and order dated 9th October, 2002. However, prior to this, the said Prakash Ramchandra Koli (Patil) had filed Writ Petition No. 3212 of 1998 in respect of his daughters who were minors for the same relief that they be declared as belonging to Mahadeo Koli, Scheduled Tribe. On the basis of the judgment in Writ Petition No. 3030 of 1980 the said Writ Petition No. 3212 of 1998 came to be allowed by order dated 9th July, 1998. It is significant to note that the Division Bench in Kum. Jyoti Prakash Patil's case relied upon the judgment of the Division Bench in Writ Petition No. 3030 of 1980 dated 16th January, 1981 and order of the Division Bench in Writ Petition No. 3212 of 1998 dated 9th July,1998. The Division Bench in Jyoti Prakash Patil's case commented adversely in the manner in which the Caste Scrutiny Committee had dealt with her case inasmuch as the Division Bench was of the view that the Committee could not have ignored the binding judgments and orders of this Court which were brought to its notice.

3.3 In so far as the present petitioner is concerned, it appears that he came to be appointed as a Clerk with the Respondent No.3 in a post meant for Scheduled Tribe. In terms of the procedure as regards a person claiming to be from the reserved category, the petitioner's caste certificate came to be referred to the Caste Scrutiny Committee by respondent No.3 for verification. Before the Caste Scrutiny Committee, the petitioner has produced a host of documents which are mentioned in the order of the Caste Scrutiny Committee including the validity certificate dated 22nd September, 1995 issued by the Caste Scrutiny Committee in respect of the petitioner's brother Dr. Prakash Ramchandra Patil and the decision of this Court in Writ Petition No. 3030 of 1980 dated 16 th January, 1981. The Caste Scrutiny Committee, as required, conducted school and home enquiry. In so far as the said enquiry is concerned, the Police Inspector of the Vigilance Cell referred to the following entries from the school register which were concerning the petitioner's near relations which were to the following effect.

Sr. No.	Reg. No.	Name of the student	Caste
1	/83	Laxman Lagamappa	Koli Koli
2	/138	Ramu Lagama	Koli Koli
3	/54	Bhangari Lagama	Koli Koli
	/31	Dhulappa Lagamppa	Koli Koli
4	/32	KALLAPPA Laxman	Koli Koli