1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6974 OF 2010 Kum. Priyanka d/o Shankarrao Royalwar Age : Minor, Occu. : Education, R/o Degloor, Tq. Degloor, Dist. Nanded, Through father/natural Guardian Shri Shankar S/o Iranna Royalwar, Age : 46 Years, Occu. : Labourer, R/o As above. .. .. Petitioners 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, Dist. Nanded. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for Respondent Nos. 1 and 3. Shri R. P. Phatake, Standing Counsel for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 04TH AUGUST, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule made returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India takes exception to the order passed by the Sub Divisional Officer, Degloor dated 05.12.2009 rejecting the application submitted by the petitioner and the order passed by the Scrutiny Committee in appeal. 3. The petitioner who was desirous of obtaining a caste certificate as belonging to "Mahadev Koli" Scheduled Tribe submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to the uncle of the petitioner i. e. one Shri Royalwar Balaji Gangaram. The petitioner averred that the said validity holder was the first cousin of his father and therefore, a blood relative on whose 3 validity certificate the petitioner relied upon. 4. The Sub Divisional Officer rejected the application of the petitioner on the ground that in the Census document of 1951 the caste of the grand father of the petitioner was recorded as "Koli". According to us, since the uncle of the petitioner has been issued with validity certificate, rejection of the application on that ground is wholly unjustified. We therefore, allow this petition and quash and set aside the impugned orders and direct the Sub Divisional Officer to forthwith issue caste certificate to the petitioner as belonging to "Mahadev Koli" Scheduled Tribe. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10