1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6176 OF 2010 Sarang s/o Sanjay Zunzure, Age minor, Occu.Education through natural guardian/father Sanjay s/o Dhondiba Zunzure, Age 35 years, Occu.Agriculture, R/o Udgir, Taluka Udgir, District Latur .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Dy.Director (R), Aurangabad 3. The Sub Divisional Officer, Udgir, Taluka Udgir, District Latur ..RESPONDENTS Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondent Nos.1 and 3 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July 2010 ORAL JUDGMENT (PER P.V.HARDAS, 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. 2 2. By this petition under Article 226 of the Constitution of India, the petitioner takes exception to the order passed by the Sub Divisional Officer, Udgir dated 10.9.2009 and confirmed by the appellate authority by order dated 21.11.2009. 3. The petitioner, who was desirous of obtaining a certificate as belonging to Koli Mahadeo – Scheduled Tribe, submitted an application before the Sub Divisional Officer, Udgir. The petitioner relied upon the caste certificate issued to his father. The Sub Divisional Officer rejected the application on the ground that the parents of the petitioner had not sought for validating their certificates from the scrutiny committee. 4. According to us, the aforesaid reasoning of the Sub Divisional Officer is unsustainable and deserves to be quashed. When the father of the petitioner was issued with the caste certificate, the petitioner was entitled to issue with the caste certificate and the fact that the parents of the petitioner had not applied to the scrutiny committee for verification of their caste status is immaterial. 5. In that light of the matter, therefore, this petition is allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Udgir is directed to forthwith issue caste 3 certificate to the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6176.10wp)