1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2699 OF 2010 Kum. Pooja Ramesh Akulwar, Age 16 years, Occu. Education, Through her natural guardian i.e. father Shri Ramesh Vitthalrao Akulwar, Age 42 years, Occu. Service, R/o Degloor, Tq. Degloor, Dist. Nanded. .. PETITIONER. VERSUS 1) Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded. 2) Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary. RESPONDENTS. ... Shri S.S. Phatale, Advocate for Petitioner. Shri S.K.Kadam, A.G.P. for respondent No. 1 . Shri R.P. Phatake, Advocate for respondent No. 2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 20th April, 2010. ORAL JUDGMENT: (Per S.V. GANGAPURWALA,J.) 1. Rule. Rule returnable forthwith. With 2 the consent of the learned counsels for the parties, the petition is taken up for final hearing at the stage of admission. 2. The Petitioner vide this petition under Article 226 of the Constitution of India, takes exception to the judgment and order dated 08/09/2009 passed by the Sub Divisional Officer, Degloor, and the judgment and order of the Scrutiny Committee dated 26/10/2009 in appeal, confirming the order passed by the Sub Divisional Officer, Degloor, rejecting application of the petitioner for issuance of a caste certificate as belonging to ‘Mannerwarlu- Scheduled Tribe’. 3. The Petitioner being a minor applied through natural guardian/father for grant of caste certificate as belonging to a ‘Mannerwarlu- Scheduled Tribe’. The Petitioner had submitted her school record, service book/record of her father. The father of the petitioner is also issued a caste certificate as belonging to a ‘Mannerwarlu-Scheduled Tribe’ by the competent authority. The Sub Divisional Officer, Degloor 3 did not choose to place any reliance on the said documents but solely rejected her application on the ground that, at the time of census the caste of the grand father of the petitioner is recorded as ‘Manurwad’. 4. In view of the fact that, father of the petitioner has already been issued caste certificate as belonging to a ‘Mannerwarlu- Scheduled Tribe’, and other evidence i.e. the school record of the petitioner and her father’s service book also records their caste as belonging to ‘Mannerwarlu-Scheduled Tribe’. At this prima-facie stage, the said material produced on record was sufficient for issuance of a caste certificate as belonging to a ‘Mannerwarlu-Scheduled Tribe’. 5. Accordingly, this Writ Petition is allowed. The impugned judgment and orders are hereby quashed and set aside. The respondent No. 1-Sub Divisional Officer, Degloor is hereby directed to forthwith issue the caste certificate to the petitioner as belonging to ‘Mannerwarlu- 4 Scheduled Tribe’ 6. Rule is thus made absolute in the above terms, with no order as to costs. [S.V. GANGAPURWALA, J ] [ P.V. HARDAS, J ] SDM* WP2699.10(J)