1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3504 OF 2010 KUM SANJIVANI LAXMIKANT HONWADAJKAR MINOR THROUGH FATHER AND NATURAL GUARDIAN LAXMIKANT R HONWADAJKAR Age : 50 Sex : M AT POST KUNDALWADI TQ BILOLI DIST NANDED NANDED ..PETITIONER 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, DISTRICT NANDED ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 & 3; Mr U.S. Malte, Advocate for respondent no.2 CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 4th May, 2010 2 ORAL JUDGMENT [ PER GANGAPURWALA , J ] 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 dated 18.9.2009 passed by the Sub-Divisional Officer, Degloor and the order dated 23.11.2009 passed by the Scrutiny Committee, Aurangabad in appeal, whereby the application of the petitioner for issuance of the caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe has been rejected. The petitioner along with application had submitted the caste certificate issued in favour of her father so also the validity certificate issued in favour of her brother. The Sub-Divisional Officer, Degloor rejected the application of the petitioner on the ground that in school records the caste of Shri Sudarshan Raghunathrao is mentioned as "Koli". The Sub-Divisional Officer has not taken into consideration the material evidence in the shape of caste certificate issued in favour of the father of the petitioner and validity certificate issued in favour of the real brother of the petitioner and as such has arrived at erroneous conclusion. 3 3. In the light of above, we set aside the order of the Sub- Divisional Officer, dated 18.9.2009 and the order dated 23.11.2009 of the Scrutiny Committee and direct the Sub- Divisional Officer to forthwith issue the caste certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 4. Rule made absolute on above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3504.10