1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4453 OF 2009 Kum. Savita Marotirao Akulwar } Age : 18 Yrs., Occ. Student, } Through her natural guardian } i.e. her father } Maroti Lacchamanna Akulwar, } Age : 55 Yrs., Occ. } R/o : Degloor, Tq. Degloor, } Dist. Nanded. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through Secretary, } Tribal Development Department Mantralaya, Mumbai. } 2. Scheduled Tribe Certificate } Verification Committee, } Aurangabad through its } Member Secretary. } 3. The Sub Divisional Officer } Degloor, Tq. : Degloor, } Dist. : Nanded. } .... RESPONDENTS 2 Mr. P.B.Gapat, Counsel for Petitioner Mr. S.K.Kadam, A.G.P. for Respondent nos. 1 & 2. [ CORAM : P.V.HARDAS & R.K.DESHPANDE, JJ. ] DATE : 14 th JULY, 2009 ORAL JUDGMENT : [ PER – P.V. HARDAS, J. ] 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this Petition is heard at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner takes exception to the Order passed by the Sub Divisional Officer, Degloor dated 17/12/2008 and the Order passed by the Scrutiny Committee in Appeal dated 30/3/2009 confirming the order of the Sub Divisional Officer. 3. The petitioner who was desirous of obtaining a certificate as belonging to ‘ Mannerwarlu ’ Scheduled Tribe, submitted her application 3 along with various documents. The petitioner particularly relied upon the caste certificate issued to her real sister and the validity granted to her uncle. The petitioner has also annexed the genealogy which shows that Sanjaykumar Balajirao Akulwar, the uncle of the present petitioner is a close relative. The genealogy further discloses that Laxmibai Gangadhar Akulwar is the real sister of the petitioner. In the light of the aforesaid documents, according to us, the petitioner was entitled to be issued with the certificate as belonging to ‘ Mannerwarlu ’ Scheduled Tribe. 4. Accordingly this Writ Petition succeeds. The 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 ‘ Mannerwarlu ’ Scheduled Tribe. Rule is thus made absolute on the terms indicated above with no order as to costs. [ R.K.DESHPANDE ] [ P.V. HARDAS ] JUDGE JUDGE knp/WP4453.09 4 5 6 7 8 9 10 11 12 13