1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4826 OF 2009 Sanjay S/o.Sayalu Muddamwar, Age-25 years, Occu-Nil, R/o. At Post-Degloor, Tq.Degloor, District : Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District-Nanded. RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.R.P.Phatake, learned counsel for respondent no.2 (CORAM : P.V.HARDAS AND A.V.POTDAR, J.J.) DATE : 27/07/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. At the outset Shri.Vibhute, learned counsel for the petitioner 2 seeks to place on record the affidavit and the genealogy in respect of Anilkumar S/o.Sayalu Muddamwar as according to the learned counsel for the petitioner inadvertently this document remain to be filed. We grant leave and accept the aforesaid document on record. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 3. By this petition under Article 226 of The Constitution of India, the petitioner prays for quashing and setting aside the order passed by The Sub Divisional Officer, Degloor dated 06/03/2009 and the order passed by the respondents Scrutiny Committee dated 27/04/2009 confirming the order of the Sub Divisional Officer. 4. An application came to be submitted by the petitioner with a request for issuing a caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe. The petitioner relied upon the validity certificate issued to his first cousin namely Anilkumar Sayalu Muddamwar. The petitioner has also annexed the affidavit and the genealogy. Upon perusal of the affidavit and the genealogy, prima facie we are satisfied that the petitioner has been able to establish blood relationship with said Anilkumar. The Sub Divisional Officer however rejected the aforesaid application on the ground that mere granting of validity certificate to a relative, would not axiomatically entitle the applicant to be issued with a caste certificate. 3 5. According to us since the first cousin of the petitioner has been issued with a validity certificate, the petitioner is entitle to be issued with a certificate as belonging to Mannerwarlu Scheduled Tribe. We accordingly allow this petition and quashed and set aside the impugned orders and direct the Sub Divisional Officer to issue caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe. 6. Rule thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4826-09