1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4121 OF 2010 Pooja D/o Shankarrao Kongalwar, Age : 17 Years (Minor) Occu. : Education, Through her natural guardian i.e. father Shankarrao Iranna Kongalwar, Age : 42 Years, Occu. : Agril., R/o Degloor, Tq. Degloor, District Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Member Secretary. 2. Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri Sagar S. Phatale, Advocate for the Petitioner. Shri P. S. Patil, Standing Councel for the Respondent No. 1. Shri S. K. Kadam, A.G.P. for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 23RD JULY, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for 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 impugns the order passed by the Sub Divisional Officer, Degloor dated 05.12.2009 rejecting the application of the petitioner and the order passed by the Scrutiny Committee in appeal dated 30.12.2009 dismissing the appeal. 3. The petitioner who was desirous of obtaining certificate as belonging to 'Mannerwarlu', Scheduled Tribe submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon the caste validity certificate issued to the uncle of the petitioner. The petitioner in order to establish the relationship between the petitioner and her uncle had placed on record the genealogy as well as the affidavit of her uncle. The Sub Divisional Officer rejected the application of the petitioner on the ground that in the Census record of 1951, the caste of the grand father of the petitioner was recorded as "Munnurwad'. The 3 appeal filed by the petitioner also came to be dismissed. 4. We have heard Shri Phatale, learned counsel for the petitioner and learned counsel for respondents. Since uncle of the petitioner from paternal side has been issued with a validity certificate and the relationship is established by virtue of genealogy, according to us, the petitioner ought to have issued with the certificate. We accordingly allow this petition and quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor to forthwith issue caste certificate to the petitioner as belonging to "Munnerwarlu" Scheduled Tribe. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10