1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3573 OF 2009 Prashant s/o Raju Pankar, Age : 23 years, Occu.Education, R/o Biloli, Tq. Biloli, District Nanded, Through father and natural guardian Raju s/o Gangadharrao Pankar, Age : 49 years, Occu. Service, R/o Biloli, Tq. Biloli, Dist. 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 K.G. Patil, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 16th JUNE, 2009. 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. This is a petition under Article 226 of the Constitution of India by which the petitioner impugns the orders passed by the Sub-Divisional Officer, Degloor and the respondent Scrutiny Committee declining to grant caste certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe. 3. In the light of the limited nature of challenge raised in this petition, we deem it appropriate to decide this petition finally at the stage of admission. 4. We have heard Shri S.M. Vibhute, learned Counsel for the petitioner; learned A.G.P. Shri K.G. Patil on behalf of respondents no.1 & 3 and learned Counsel Shri M.S. Deshmukh on behalf of respondent no.2. 3 5. It appears that the petitioner had appended a caste certificate issued by the Sub Divisional Officer to one Shri Sachin Shankarrao Pankar, whom the petitioner claims to be his his first cousin. In support of the relationship the petitioner had tendered before the Sub Divisional Officer not only the said certificate but also affidavit of Sachin Pankar and a genealogy showing the relationship of Sachin Pankar with the petitioner. It is the contention of the petitioner that since his first cousin has been granted the certificate by the Sub- Divisional Officer after due inquiry and verification, there are no grounds whatsoever for refusing to grant certificate to the petitioner. 6. We have heard learned Counsel for the parties and on perusal of the impugned orders, according to us the petitioner has been able to establish at this stage that the petitioner belongs to “Mannervarlu” - Scheduled Tribe. The contention of the petitioner is well founded and supported by the certificate issued to the first cousin of the petitioner as belonging to “Mannervarlu” - Scheduled Tribe. In the light of that, therefore, according to us the impugned orders are 4 unsustainable in law and are, therefore, quashed and set aside. 7. Accordingly, this writ petition is allowed and the impugned orders are hereby quashed and set aside and the - Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe. Rule is made absolute on the above terms with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] //Authenticated copy// (A.M. Joshi), Pvt. Secretary to Hon’ble Judge 5