1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3653 OF 2009 Nikhil s/o Piraji Kalyankar, Age-minor, Occu.Education, R/o At Post Biloli, Tq. Biloli, District Nanded, Through Power of Attorney Holder Shri Gangadhar s/o Ganpatrao Kalyankar, Age : 39 years, Occu.Agri., R/o Biloli, Tq. Biloli, District 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 N.N. Jadhav, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. 2 CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 ORAL JUDGMENT: [PER P.V. 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. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub-Divisional Officer, Degloor rejecting the application of the petitioner for issuance of a certificate as belonging to “Koli Mahadev” - Scheduled Tribe. The petitioner also impugns the order of the Scrutiny Committee dismissing the appeal filed by the present petitioner. 3. The petitioner was desirous of obtaining a certificate as belonging to “Koli Mahadev” and accordingly had submitted an application before the Sub-Divisional Officer and annexed several documents. The petitioner placed reliance on the validity certificate granted to his cousin and uncle and another cousin. The names are Gangadhar Ganpatrao Kalyankar, Ramrao Gangaram Kalyankar and Prasad Ramrao Kalyankar, respectively. The Sub-Divisional Officer rejected the aforesaid application on the ground that merely because a member of the family had been granted a validity certificate, that would not per se entitle the petitioner to be issued with the 3 certificate. The second reason was that in the school register of Maroti Ramchandra Kalyankar the tribe which was written was “Hindu Koli”. 4. According to us, the petitioner has been able to establish the relationship with the validity holders. The petitioner has produced the genealogy and the genealogy establishes the relationship. The Sub- Divisional Officer has not rejected the application on the ground that the petitioner had failed to establish the blood relationship with the validity holders. Merely on account of an adverse entry in the school record of the uncle of the present petitioner, the petitioner cannot be denied the issuance of a caste certificate, particularly as the tribe claim of the other three relatives has been validated by the Scrutiny Committee. 5. In the light of that, therefore, this petition succeeds and impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to “Koli Mahadev” Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. Learned A.G.P. undertakes to communicate this order to the Sub-Divisional Officer, Degloor. 4 Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3653.09 5