- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6485/2010 Avinash Laxman Sunkewar, age 18 yrs., occu.education, through natural guardian i.e. father Laxman Linganna Sunkewar, age 40 yrs., occu.agril., r/o Biloli Tq.Biloli Dist.Nanded. ...Petitioner.. Versus 1] Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad. Through its Member Secretary. 2] Sub Divisional Officer, Degloor. Tq.Degloor Dist.Nanded. ...Respondents... ..... Shri S.S. Phatale, Advocate for petitioner. Shri S.K. Tambe, AGP for respondent no.1. Shri P.S. Patil, Advocate for respondent no.2 ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 13.08.2010 ORAL JUDGMENT (Per P.V. Hardas, J.): 1] Heard learned counsel for the parties. - 2 - 2] Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 3] The petitioner, by this petition, impugns the order of the Sub Divisional Officer, Degloor, dated 10.12.2009 rejecting the application of the petitioner for issuance of a caste certificate. The petitioner also challenges the order of the scrutiny committee in appeal dated 26.2.2010 dismissing the appeal. 4] The petitioner, who was desirous of obtaining the caste certificate as belonging to Mannerwarlu – scheduled tribe, applied to the Sub Divisional Officer. The petitioner relied upon the validity certificate issued to his uncle namely Sunkewar Sudarshan Gangadhar. The Sub Divisional Officer rejected the application on the ground that the caste of the grand father of the petitioner was recorded in the revenue records as Mannerwarlu. 5] The petitioner has produced before us the affidavit of the validity holder in which the validity holder namely Sunkewar Sudarshan Gangadhar states about the relationship and the petitioner has also produced the genealogy, which shows that the validity holder is the uncle of the petitioner. In that light of the petitioner, therefore, according to us, the petitioner ought to have been issued with the caste certificate as belonging to Mannerwarlu – scheduled tribe. 6] Resultantly, this petition is allowed. The impugned orders are quashed and - 3 - set aside. The Sub Divisional Officer, Degloor, is directed to forthwith issue caste certificate to the petitioner. Rule is made absolute in above orders. No order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c1381035