IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4598 OF 2009 Shivaji s/o Vishwanathrao Nagdarwad, Age 30 years, Occu. Nil, R/o At Post Kawalgaon, Tq.Degloor, District 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 Deputy Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, Dist.Nanded .. Respondents Shri S.M.Vibhute, Advocate for petitioner Shri S.K.Kadam, AGP for respondent No.1 & 3 Slhri M.S.Deshmukh, Advocate for respondent No.2 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 17th 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 finally at the stage of admission. 2. The petitioner by this petition under Article 226 of the Constitution of India prays for quashing and setting the order of the Sub-Divisional Officer, Degloor dated 4.3.2009 and the order of the Respondent-Scrutiny Committee dated 27.4.2009 in appeal confirming the order of the Sub-Divisional Officer rejecting the application of the petitioner for issuing a caste certificate as belonging to Koli Mahadev – Scheduled Tribe. 3. The petitioner who was desirous of obtaining a caste certificate, submitted an application before the Sub-Divisional Officer, Degloor. The petitioner heavily relied upon the validity certificate granted to his real brother. The aforesaid document is a document at item No.6 in the order of the Sub-Divisional Officer. The Sub-Divisional Officer chose not to place any reliance upon the said certificate as according to the Sub-Divisional Officer merely granting validity certificate to one member of the family would not establish the claim of the other members of the family. The aforesaid observations had been made by the Division Bench in connection with the proceedings of the Scrutiny Committee when the certificate was referred to the Scrutiny Committee for verification of the caste status. According to us, at this prima facie stage of consideration of the material, the fact that the real brother had been granted validity certificate is sufficient evidence for establishing that the petitioner belongs to Koli Mahadev – Scheduled Tribe. 4. Accordingly, this writ petition is allowed. The impugned orders are hereby quashed and set aside. The respondent No.3 – Sub-Divisional Officer, Degloor is hereby directed to forthwith issue the caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 5. Rule is thus made absolute on the terms indicated above with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4598.09wp