1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4236 OF 2009 Kum.Premla Sayalu Thakrod, Age 20 years, Occu.Education, Through guardian next friend i.e her brother : Pawan Sayalu Thakrod, Age 24 years, Occu.Private Service, R/o Biloli, Taluka Biloli, District Nanded .. Petitioner Versus 1. The State of Maharashtra through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Member Secretary 3. The Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded .. Respondents Shri P.B.Gapat, Advocate for petitioner Shri K.J.Ghute Patil, AGP for respondent Nos.1 and 3 Shri M.S.Deshmukh, Advocate for respondent No.2 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 8th JULY 2009 2 ORAL JUDGMENT [ PER R.K.DESHPANDE , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. Learned Assistant Government Pleader accepts notice for respondent Nos.1 and 3 and Shri M.S.Deshmukh, learned Counsel accepts notice on behalf of respondent No.2. 2. This petition challenges order dated 6.8.2008 passed by the respondent No.3 – Sub Divisional Officer, Degloor rejecting the claim of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. The petition also challenges the order dated 21.3.2009 passed by the Scrutiny Committee dismissing the appeal preferred by the petitioner challenging the order passed by Sub Divisional Officer, Degloor. 3. Before the Sub Divisional Officer, Degloor, the petitioner produced caste validity certificate issued in the name of second cousin of the petitioner and the said document is at Serial No.8 in the order of the Sub Divisional Officer. In support of her claim the petitioner has filed an affidavit of her cousin as well as the validity certificate issued by the Committee showing that her cousin’s caste claim has been validated. The Sub Divisional Officer 3 recorded a finding that merely because caste claim of the family member has been verified could not be itself the foundation for validation of the candidate’s claim and each claimant has to stand on his own legs. Similarly, the second reason given by the Committee was that there is an entry as `Munnurwar’ in the field book in respect of the caste of grandfather of the petitioner. 4. In our view, the production of the caste validity certificate issued in the name of the second cousin of the petitioner is prima facie sufficient to establish claim for issuance of caste certificate to the petitioner. There is no finding recorded by the Sub Divisional officer that the petitioner is not related to said Thakrod Hanmant Shankar in whose favour caste validity certificate is issued. The committee applied the test which could only be applied at the time of scrutiny and verification of caste claim. In view of this, the instant petition must succeed. 5. Accordingly, this petition is allowed and the orders impugned in this petition are hereby quashed and set aside and the respondent No.3 – Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 4 6. Rule is thus made absolute on the terms indicated above with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4236.09wp 5