1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4328 OF 2010 VIDYA D/O ASHOKRAO PENTEWAD, AGE : MINOR, OCCU. EDUCATION, THROUGH NATURAL GUARDIAN/ FATHER ASHOK S/O NARAYAN PENTEWAD, AGE : 45 YEARS, OCCU. SERVICE, R/O IREGAON, TQ. KINWAT, DIST. NANDED ..PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA, THROUGH IT'S SECRETARY TRIBAL DEVELOPMENT DEPARARTMENT, MANTRLAYA, MUMBAI - 32 2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD DIVISION, AURANGABAD, THROUGH ITS DEPUTY DIRECTOR (R), AURANGABAD 3. THE SUB-DIVISIONAL OFFICER, KINWAT, TQ. KINWAT, DIST NANDED ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr N.B. Khandare, Govt. Pleader for respondents no.1 & 3; Mr U.S. Malte, Advocate for respondent no.2. 2 CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 6th May, 2010 ORAL JUDGMENT [ PER GANGAPURWALA , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the petition is taken up for final hearing at the stage of admission. 2. By the present petition the petitioner takes exception to the order dated 27.1.2010 passed by respondent no.3 and the order dated 29.3.2010 passed by the respondent no.2 Committee in appeal, thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. 3. The Sub-Divisional Officer rejected the application of the petitioner for issuance of caste certificate only on the count that the revenue record does not disclose the caste of the petitioner as "Mannerwarlu". The Sub-Divisional Officer ignored the caste certificate issued in favour of the father of the petitioner. At this stage, the authority has to get himself prima facie satisfied and the said evidence i.e. the caste certificate of the father of the 3 petitioner was sufficient evidence to issue a caste certificate in favour of the petitioner. 4. In the light of the above, we quash and set aside the impugned orders and direct the Sub-Divisional Officer, Kinwat to issue a caste certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe forthwith. 5. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4328.10