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We, however, do not find even a single document pertaining to the period prior to 1950 having probative value indicating the caste of the petitioner as 'Koli Mahadeo', Scheduled Tribe. The Committee has applied affinity test and considered the documents which were issued subsequent to 1962.

2. We do not find any perversity in recording the finding that wp3373.02+.odt the petitioner has failed to establish the claim for ' Koli Mahadeo', Scheduled Tribe. The alternate relief is of protection in service. Shri Anil Mardikar, the learned Senior Advocate, assisted by Shri S.G. Joshi, Advocate, for the petitioner submits that the petitioner was appointed as Tyre Fitter in the services of the respondent-MSRTC and after rendering number of years' service, he attained the age of superannuation.

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2. None appears for the petitioner. The learned Assistant Government Pleader Shri V.P. Maldhure appears for respondent Nos.1 to 3. We have gone through the order passed by the Scrutiny Committee. There is not even a single document placed on record pertaining to the period prior to 1950 in support of the claim for the petitioner as belonging to 'Halba', Scheduled Tribe category. All the documents produced on record pertain to the period post 1972 showing the caste as 'Halba', Scheduled Tribe. We have also gone through the petition, which does not state that the petitioner filed any document pertaining to the pre-constitutional period in support of his claim as 'Halba', Scheduled Tribe. The Committee has applied the affinity test and the combined effect of the documents placed on record and the affinity test is to invalidate the caste claim of the petitioner. It is a possible view of the matter. In the absence of any perversity in the findings recorded by the Committee, we do not find any reason to interfere in it.

4. The Committee has tested the claim of the petitioner on the basis of the documents produced. It is the finding recorded by the wp3373.02+.odt Committee in respect of documents at Sr. No.10, which is a true copy of the Primary School Leaving certificate in the name of the father of the petitioner showing his caste as ' Halba', Scheduled Tribe. The Committee, however, notices that in the extract of Primary School admission register of the father of the petitioner, the entry is that of 'Koshti'. In the reply filed by the Scrutiny Committee, it is mentioned that the caste of the petitioner's father and his brothers during the years 1974 to 1961 is recorded as 'Koshti'. After taking into consideration the documents on record and applying the affinity test, the Committee holds that the claim has not been established and hence the caste certificate dated 29-1-1996 has been cancelled and confiscated.

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3. Applying the affinity test, the Committee has held that the petitioner has failed to establish that he belongs to ' Halba', Scheduled Tribe. The caste certificate dated 19-7-1979 produced for entry in the service as a candidate belonging to ' Halba', Scheduled Tribe, has been cancelled and confiscated. The production of affidavit of one Tanaji Tulshi Ram Parate, the family chronicler, would, at the most, establish the relationship of the petitioner as 'Koshti', and such evidence cannot establish that the petitioner belongs to 'Halba', Scheduled Tribe category. It is not the challenge that the copy of the police vigilance Cell was not supplied to the petitioner. In the absence of any perversity in the finding s recorded after taking into consideration the document son record and applying the affinity test, we do not find any reason to interfere in the order impugned. The relief of protection of service, which the petitioner has rendered for 34 years till this date, cannot be granted in view of the aforesaid decision of this Court. We are also unable to prevent the consequences provided by Section 10 of the Maharashtra Act No.XXIII of 2001.