1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2661 OF 2010 Sonutai d/o Baliram Surewad, Age 18 years, Occu.Education, R/o Barbada, Taluka Naigaon, District Nanded ..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 Deputy Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 and 3 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 3rd August 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 impugns the order passed by the Sub Divisional Officer, Degloor dated 13.7.2009 rejecting the application filed by the petitioner and the order passed by the Scrutiny Committee in appeal dismissing the appeal. 3. It appears that the petitioner, who was desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to the second cousin of the petitioner. The petitioner had also annexed the genealogy which shows that Surewad Ravikumar Vyankatrao is the second cousin of the petitioner. The petitioner has also filed the affidavit of the said validity holder and in the said affidavit, it is stated that the petitioner is a cousin of the deponent. 4. Notice of this petition came to be issued to the respondents and the learned Assistant Government Pleader states on instructions that the said validity holder is not directly related to the petitioner in the sense that the said validity holder is not the real brother of the petitioner, but is from the brotherhood. Perusal of the genealogy and the affidavit clearly discloses that the said validity holder is the second cousin of the petitioner. Since the 3 second cousin of the petitioner has been issued with the validity certificate, according to us, the petitioner ought to have been issued with the caste certificate. As to whether there are contra entries in respect of the grandfather of the petitioner, would be probed by the scrutiny committee when the tribe claim is referred to it for verification. Prima facie, the petitioner has made out a case for issuance of the caste certificate. 5. Accordingly, this writ petition is allowed, the impugned orders are 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. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2661.10wp)