1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3652 OF 2009 Ayush s/o Maroti Kalyankar, Age-minor, Occu.Education, R/o Sagroli, Tq. Biloli, District Nanded, Through Power of Attorney Holder Shri Gangadhar s/o Ganpatrao Kalyankar, Age : 39 years, Occu.Agri., R/o Biloli, Tq. Biloli, 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, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. 2 CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub-Divisional Officer, Degloor dated 29.12.2008 and the order of the Scrutiny Committee dated 30.3.2009 confirming the order of the Sub- Divisional Officer rejecting the application of the petitioner. 3. The petitioner in support of his plea as belonging to “Koli Mahadev” Scheduled Tribe submitted various documents. According to us, it is not necessary to dilate on this aspect of the matter as a Writ Petition filed by the sister of the present petitioner i.e. Writ Petition No.3649 of 2009, Kum. Ankita d/o Maroti Kalyankar vs. The State of Maharashtra & ors. came to be allowed by the Division Bench of this Court by its judgment dated 1.7.2009 directing the Sub-Divisional Officer to issue the caste certificate to the petitioner forthwith as belonging to “Koli Mahadev” - Scheduled Tribe. Since the present petitioner is said to be the brother of the petitioner in Writ Petition No.3649 of 2009, we 3 allow this petition and quash and set aside the impugned orders and direct the Sub-Divisional Officer, Degloor to forthwith issue caste certificate to the petitioner as belonging to “Koli Mahadev” - Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. Learned A.G.P. undertakes to communicate this order to the Sub-Divisional Officer, Degloor. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3652.09 4