1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.561 OF 2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard counsel for the parties. Rule. Taken up for hearing forthwith by consent of learned counsel for the parties. This petition under Article 226 of the Constitution of India takes exception to the order passed by the competent authority – respondent no.3 dated 22.5.2009 and by the appellate authority dated 21.7.2009. The petitioner applied for caste certificate claiming that he belongs to Mannerwarlu – scheduled tribe. The petitioner relied on the caste certificate of his father as well as the caste validity certificate of his cousin brother in support of his claim. The competent 2 authority, however, rejected the application preferred by the petitioner. Even the appeal preferred by the petitioner before the scrutiny committee has been rejected. In our opinion, having regard to the fact that the petitioner relies on the caste certificate of his father and more so the caste validity certificate issued in favour of his real cousin brother, there was no basis to reject the petitioner’s request for issuance of caste certificate. Indeed, the validity of the said caste certificate can be put in issue on its own merits before the caste scrutiny committee while considering the request for issuance of validity certificate. All questions in that behalf can be examined on its own merits at that stage. In the circumstances, this petition succeeds. The impugned decisions are set aside. Instead, the District Supply Officer, Latur, is directed to issue caste certificate to the petitioner forthwith and in any case not later than two weeks from today so that the petitioner can pursue his remedy for issuance of caste validity certificate before 3 the caste scrutiny committee. Our attention has been invited to order passed by this Court dated 24.7.2009 in Writ Petition No.4785/2009. Almost similar fact situation obtains in the present case. We are informed that the District Supply Officer, Latur, who is the competent authority, is the same person in both these cases. We hope and trust that the District Supply Officer will educate himself about the circumstances in which the request for issuance of caste certificate ought to be issued or rejected, especially when the incumbent relies on the caste certificate of his blood relation, the question of rejecting the request does not arise. Copy of this order be forwarded to the District Supply Officer, Latur, for his perusal and necessary action. Petition disposed of on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 01.02.2010 ndk/c12104