1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6218 OF 2010 Vijaya D/o Nandu Pentewad, Age : Minor, Occu. : Education, Through Natural Guardian/Father Nandu S/o Parasram Pentewad, Age : 37 Years Occu. : Agril., R/o Yakarala, Tq. Hadgaon, District Nanded. .. .. Petitioner Versus 1. The State of Maharashtra, Through it's Secretary, Tribe Development Department, Mantralaya, Mumbai - 32. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. 3. The Sub Divisional Officer, Kinwat, Tq. Kinwat, Dist. Nanded. .. .. Respondents Shri P. V. Jadhavar, Advocate for the Petitioner. Shri D. R. Korde, A.G.P. for Respondent Nos. 1 and 3. Shri R. P. Phatake, Standing Counsel for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 15TH JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India takes exception with the order passed by the Sub Divisional Officer, Kinwat dated 16.12.2009 rejecting the application of the petitioner and confirmed by order dated 29.03.2010 by the Scrutiny Committee in appeal. 3. The petitioner who was desirous of obtaining caste certificate as belonging to "Mannerwarlu" scheduled tribe submitted an application before the Sub Divisional Officer, Kinwat. The petitioner annexed the certificate issued to the father of the petitioner as supportive evidence in support of her claim as belonging to "Mannerwarlu" scheduled tribe. The Sub Divisional Officer, rejected the application of the petitioner on 3 the ground that the petitioner had not annexed the validity certificate of her relative and had also not produced the revenue record. 4. According to us, the aforesaid finding is unsustainable in law. The father of the petitioner has been issued with the caste certificate and the petitioner ought to have been issued with the caste certificate also. In that light of the matter, this petition succeeds and the impugned orders are quashed and set aside and the Sub Divisional Officer, Kinwat is directed to forthwith issue caste certificate to the petitioner. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10