1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2751 OF 2010 Soujanya S/o Chandrakant Padalwar, Age : Minor, Occu. Education, R/o Eklara, Taluka Mukhed, District Nanded Through Natural Guardian/Father Shri Chandrakant s/o Eknath Padalwar, Age : 50 years, Occu.Agri. ..PETITIONER VERSUS 1. The State of Maharashtra, Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Deputy Director (R), Aurangabad 3. The Deputy Collector, E.G.S. Nanded, Dist. Nanded ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 5th April, 2010 2 ORAL JUDGMENT [ PER P.V.HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India impugns the order passed by the Deputy Collector, E.G.S., Nanded, dated 20.8.2008 rejecting the application filed by the petitioner for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. The petitioner also impugns the order passed by the Scrutiny Committee in Appeal, dated 19.5.2009. 3. The petitioner seeking the issuance of a caste certificate in his favour as belonging to "Mannerwarlu" - Scheduled Tribe submitted an application before respondent no.3. The petitioner placed reliance upon the validity certificate issued to one Vithal Gangaram Paddlwar, whom the petitioner claim to be his close relative. In support of the plea that the said Vithal Gangaram Paddlwar is his relative, the petitioner also filed the affidavit of the said person and also proved the genealogy on oath. Respondent no.3 rejected the application of the petitioner on the ground that perusal of the affidavit and the genealogy, it 3 transpired that the petitioner had not been able to establish the blood relation with Vithal Gangaram Paddlwar. The appellate authority also dismissed the appeal filed by the petitioner. 4. With the assistance of the learned Counsel for the parties we have perused the affidavit as well as the genealogy proved by Vithal Gangaram Paddlwar. Upon perusal of the genealogy it is apparent that Vithal Gangaram Paddlwar is third cousin of the petitioner. The relationship has been established on the basis of the genealogy. There is nothing on record to indicate that the genealogy is a fabricated genealogy or does not correctly depict the relationship. In that light of the matter, therefore, we have to accept the genealogy tendered by the petitioner in this petition. 5. Accordingly this writ petition is allowed and the impugned orders are hereby quashed and set aside and respondent no.3 is directed to forthwith issue certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp2751.10 4