1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4365 OF 2010. Sumit S/o Ravindra Totawar, Age minor, Occ.Education, through Natural Guardian/ Father Ravindra S/o Arunrao Totawar, Age 44 years, Occ. Service, R/o Degloor, Tq. Degloor, Dist. Nanded. ... Petitioner. Versus 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Tribe Certificate Scrutiny Committee Aurangabad Division, Aurangabad, through its Deputy Director (R) Aurangabad. 3. The Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded. ... Respondents. ... Mr.P.V.Jadhavar, advocate for the petitioner. Mr.K.J.Ghute Patil, Asstt.Govt. Pleader for the State. Mr.R.P.Phatake, Standing counsel for the Caste Verification Committee. ... 2 WITH WRIT PETITION NO.4368 OF 2010 Rohit S/o Ravindra Totawar, Age minor, Occ.Education, through natural guardian/ Father Ravindra S/o Arunrao Totawar, Age 44 years, Occ. Service, R/o Degloor, Tq. Degloor, Dist.Nanded. ... Petitioner. Versus 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor,Tq. Degloor, Dist.Nanded. ... Respondents. ... CORAM : P.V.HARDAS AND : S.V.GANGAPURWALA,JJ. Date : 07.05.2010. ORAL JUDGTMENT (Per P.V.Hardas,J.) 1. Despite, validity certificate being issued to the father of the petitioners as belonging to “Mannerwarlu” Scheduled Tribe. The Sub-Divisional Officer, Degloor by order dated 3 22.12.2009, rejected the application filed by the petitioners for issuance of caste certificates. The petitioners challenged the said order before the Scrutiny Committee in appeal which also upheld the order of the Sub-Divisional Officer, Degloor by order dated 26.2.2010. 2. The petitioners who were desirous of obtaining caste certificates as belonging to “Mannerwarlu” submitted an application before the Sub-Divisional Officer, Degloor and placed reliance on the validity certificate issued to his father. The Sub-Divisional Officer declined to place reliance on the said certificate as, as per census report, the caste of the applicant and other relatives was recorded as “Mannerwar”. According to us, since the validity certificate has been issued to the father of the petitioner, the Sub-Divisional Officer erred in rejecting the application and in not placing reliance. The Scrutiny Committee after in depth inquiry had come to the conclusion that the father of the petitioner has successfully established that he belongs to “Mannerwarlu” Scheduled Tribe. The 4 caste of the petitioners who are his sons, could not be any different from the caste of his father. In that light of the matter, therefore, these petitions are allowed and the Rule is made absolute by directing the Sub-Divisional Officer, Degloor to forthwith issue caste certificate to the petitioners as belonging to “Mannerwarlu” Scheduled Tribe. (S.V.GANGAPURWALA,J.) (P.V.HARDAS,J.) asp/office/wp4365.10