1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4062 OF 2010 Prakash Shriram Gandhale, Age : 28 years, Occu. Student R/o Choramba, Tq. Dharur, Dist. Beed ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad 3. The Sub-Divisional Officer, Ambajogai, Dist. Beed ..RESPONDENTS Mr K.U. More, Advocate for the petitioner; Mr N.B. Khandare, Govt. Pleader for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 4th May, 2010 ORAL JUDGMENT [ PER GANGAPURWALA , J ] 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the petition is taken up for final hearing at the stage of admission. 2. By the present petition under Article 226 of the Constitution of India the petitioner takes exception to the order passed by the Sub-Divisional Officer, Ambajogai, dated 18.9.2009 and the order of the Scrutiny Committee, Aurangabad, dated 23.11.2009, thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to "Mahadev Koli" - Scheduled Tribe. 3. The Sub-Divisional Officer has rejected the application of the petitioner for issuance of caste certificate on the ground that the petitioner has not filed affidavit of his father in support of the caste certificate of his father produced by the petitioner. No doubt has been raised about the said certificate. In view of that it was not necessary for the petitioner to produce the affidavit. As such the reasoning adopted by the Sub-Divisional Officer is improper. 4. In the light of the above, in view of the fact that caste certificate has already been issued in favour of the father of the petitioner, we quash and set aside the impugned orders passed 3 by the authorities below and direct the Sub-Divisional Officer, Ambajogai to forthwith issue caste certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 5. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4062.10