WP/8596/2009 & WP/8598/2009 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8596 OF 2009 Parmeshwar Shankarrao Annamwad Age minor, Occ. Education, R/o At post Lohgaon, Tq. Biloli, District Nanded, through father and natural guardian - Shankar Marotirao Annamwad, Age 44 years, Occ. agriculture, R/o as above. ..Petitioner Versus 1. State of Maharashtra Through Secretary to Tribal Development, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Deputy Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor District Nanded. ..Respondents. ... Shri S.M.Vibhute, Advocate for petitioner Shri Shri N.R.Shaikh, AGP for respondent No.1 and 3 Shri R.P.Phatake, Advocate for respondent 2 ... WITH WRIT PETITION NO.8598 OF 2009 Yogesh Shankarrao Annamwad Age minor, Occ. Education, R/o At post Lohgaon, Tq. Biloli, District Nanded, through father and natural guardian - Shankar Marotirao Annamwad, Age 44 years, Occ. agriculture, R/o as above. ..Petitioner Versus 1. State of Maharashtra Through Secretary to Tribal Development, Mantralaya, Mumbai. WP/8596/2009 & WP/8598/2009 2 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Deputy Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor District Nanded. ..Respondents. ... Shri S.M.Vibhute, Advocate for petitioner Shri Shri N.R.Shaikh, AGP for respondent No.1 and 3 Shri R.P.Phatake, Advocate for respondent 2 ... CORAM : NARESH H. PATIL AND S.V.GANGAPURWALA, JJ. Dated : January 19, 2011 ORAL JUDGMENT : (Per Gangapurwala, J.) :- 1. Heard learned counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petitions are taken up for final disposal. 3. Vide present petition, the petitioners challenge the order passed by respondent No.2 rejecting the respective appeals of the petitioners so also the order of the Sub Divisional Officer dated 18.6.2009. 4. Shri Vibhute, learned Advocate for the petitioners had produced on record the caste certificates issued by Gram Sevak, Police Patil, Talathi so also the extract of School admission register showing the caste of petitioners as Mannerwarlu (a Scheduled Tribe) so also the validity certificate WP/8596/2009 & WP/8598/2009 3 issued to their cousin validating his tribe claim. In view of such overwhelming evidence, caste certificate ought to have been issued to the petitioners as belonging to Mannerwarlu caste. The appellate authority has also not given any reason while rejecting the appeals. 5. Shri Phatake, learned Standing Counsel supports the judgment passed by the respondent No.2 Committee. 6. At the stage of issuance of caste certificate detail enquiry is not contemplated. The authority has to be satisfied prima facie. The petitioners have produced on record various documents in support of his claim, as observed earlier. In view of the same, the petitioners have prima facie established their claim. In such circumstances, the caste certificate deserves to be issued to the petitioners of Mannerwarlu caste. 7. In the light of above, we quash and set aside the impugned order and direct the Sub Divisional Officer, Degloor, District Nanded to forthwith issue caste certificate to the petitioners as belonging to Mannerwarlu Caste. 8. Rule made absolute in above terms. No order as to costs. (S.V.GANGAPURWALA, J.) (NARESH H.PATIL, J.) ... akl