1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4698 OF 2009 Ku.Bharati D/o.Mallikarjun Muddamwar Age-Minor, Occu-Education, R/o.Degloor, Tq.Degloor, Dist-Nanded, Through Father/Natural Guardian, Shri.Mallikarjun S/o.Gangaram Muddamwar Age-41 years, Occu-Service, R/o. As above. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai. (Copy to be served through Government Pleader, High Court of Judicature of Bombay Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District-Nanded. RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.V.B.Ghadge, learned AGP for respondent no.1. Mr.M.S.Deshmukh, learned counsel for respondent no.2. Mr.V.S.Malte, learned counsel for respondent no.3. 2 (CORAM : P.V.HARDAS AND A.V.POTDAR, J.J.) DATE : 21/07/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner challenges the order passed by the Sub-Divisional Officer, Degloor dated 31/01/2009, rejecting the application filed by the petitioner for issuance of certificate as belonging to “Mannerwarlu” Scheduled Tribe and the order of respondent Scrutiny Committee dated 31/03/2009 in appeal confirming the order of The Sub Divisional Officer. 3. The petitioner, who was desirous of obtaining a certificate as belonging to “Mannerwarlu” Scheduled Tribe applied to the Sub- Divisional Officer, Degloor. The petitioner heavily relied upon a caste certificate issued to the father of the petitioner. The Sub Divisional Officer without considering the effect of the certificate issued to the father of the petitioner, rejected the application of the petitioner on the ground that mere issuance of certificate to the father can not be said to be sufficient proof for issuance of a certificate to the petitioner. The Sub- Divisional Officer also found that the caste of 3 grandfather was recorded as “Munuward” in a census documents. The respondent Scrutiny Committee in appeal dismissed the appeal. 4. Mr.Vibhute, learned counsel for the petitioner has invited our attention to the judgment of the Division Bench of this Court to which one of us (P.V.Hardas, J.) was a member, by which this Court had quashed and set aside the order of the Sub Divisional Officer, Degloor and directed issuance of caste certificate to the sister of the petitioner. Apart from that, according to us the fact that father of the petitioner had been issued with a caste certificate by the competent authority would entitled the petitioner to be issued with a caste certificate as belonging to “Mannerwarlu” Scheduled Tribe. 5. Accordingly this petition is allowed and the impugned orders are hereby quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to “Mannerwarlu” Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4698-09