wp644.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.644 OF 2011 Anil Iranna Totawad, Age-27 years, Occ: Education, R/o At Post-Bolegaon, Tq-Biloli, Dist-Nanded. ...PETITIONER. VERSUS 1) Sub Divisional Officer, Degloor, Tq-Degloor, Dist-Nanded, 2) Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Member Secretary. ...RESPONDENTS. ... Shri.S.S. Phatale Advocate for Petitioner. Shri.S.N. Kendre, A.G.P. for Respondent No.1. Shri.R.P. Phatke Advocate for Respondent No.2. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 15TH FEBRUARY, 2011. wp644.11 2 ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. The Petitioner assails the order passed by the Scrutiny Committee in Appeal and the order of the Sub Divisional Officer, Degloor, Dist-Nanded, thereby rejecting the application of the Petitioner for issuance of caste certificate as belonging to "Mannerwarlu" caste. 3. Shri. Phatale, learned counsel for the Petitioner submits that the school record and all the documents produced shows the caste recorded as "Mannerwarlu". Even the brother of the Petitioner has been issued the caste certificate of "Mannerwarlu" caste. There is no contra evidence. In such circumstances, the application ought not wp644.11 3 to have been rejected. 4. Shri. Phatke, learned counsel appearing for the Respondent No.2 - Caste Scrutiny Committee, supports the order passed by the Authority. 5. The Petitioner had produced on record the caste certificate issued in favour of his real brother, so also the documents produced on record shows that the caste of the Petitioner is recorded as "Mannerwarlu". There is no contra evidence. At the time of issuance of caste certificate, the Authorities have to be prima facie satisfied. Detail enquiry is contemplated only at the time when caste certificate is sent for verification. 6. In the light of the above, we quash and set aside the impugned orders passed by the Sub Divisional Officer, Degloor and the Caste Scrutiny Committee, and direct the Sub Divisional Officer, wp644.11 4 Degloor, to forthwith issue the caste certificate to the Petitioner of "Mannerwarlu" caste. 7. Rule is made absolute in the above terms, however, there is no order as to the costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp644.11