1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4310/2009 Pratik S/o Prakash Kaypalwad Age-minor, Occ-Education R/o at Post Bhisi,Tq.Kinwat Dist.Nanded,through natural guardian father Shri Prakash Laxman Kaypalwad age 40 years, Occ-Service R/o as above, at present Jaypal Dapke House, Gunale Galli Tq.Ahmednagar,Dist.Latur. .. PETITIONER VERSUS 1. The State of Maharashtra Through Secretary to Tribal Development Department Mantralaya,Mumbai. (Copy to be served on the Govt. Pleader, High Court of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy. 2 Director (R) Aurangabad 3. The Sub Divisional Officer, Kinwat,Dist.Nanded. .. RESPONDENTS ... Shri S.M.Vibhute,Adv.for petitioner Shri S.K.Kadam,AGP for respondents 1 & 3. Shri S.S.Phatale h/f Shri M.S.Deshmukh,Adv.for R.2. ... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 09/07/2009 ORAL JUDGMENT [PER 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. The petitioner who was desirous of obtaining a certificate as belonging to Mannerwarlu-Scheduled Tribe, submitted an application through his father before the Sub Divisional Officer, for issuance of the caste certificate. Alongwith the application, the petitioner annexed a copy of the caste certificate issued to his father dated 29/6/1988. The order of the Sub Divisional Officer dated 10/7/2008 discloses that on 3 account of paucity of evidence, the application is rejected. When the order of the Sub Divisional Officer was carried in Appeal, the Scrutiny Committee by its order dated 13/3/2009 dismissed the Appeal. 3. Prima facie, according to us, the fact that the father of the petitioner had been issued a certificate as belonging to Mannerwarlu- Scheduled Tribe, entitles the petitioner to issue with a certificate as belonging to Mannerwarlu – Scheduled Tribe. This is a strong piece of prima facie evidence indicating the caste/tribe of the petitioner. 4. In the light of that, therefore, this petition is allowed. Impugned orders are hereby quashed and set aside and the Sub Divisional Officer is directed to issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe forthwith. Rule made absolute on the above terms with no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/wp4310-09