1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4356 OF 2009 Shankar S/o Sayaram Pallewad, Age- 18 years, Occu.Education, R/o Sawali, Tq. Biloli, Dist. Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition the petitioner impugns the order dated 5.3.2009 passed by the Sub-Divisional Officer, Degloor, and the order dated 29.4.2009 passed by the Scrutiny Committee affirming the order passed by the Sub-Divisional Officer rejecting the application of the petitioner for issuance of a certificate as belonging to “Mannerwarlu” - Scheduled Tribe. 3. Along with his application the petitioner had annexed a caste certificate issued to the father of the petitioner. The Sub-Divisional Officer rejected the application on the ground that merely because a caste certificate had been issued to the father of the petitioner, would not entitle the petitioner for issuance of a caste certificate. Moreover, the Sub- Divisional Officer observed that the documents were of recent origin. According to us, the fact that the father of the petitioner has been issued with a certificate as belonging to “Mannerwarlu” - Scheduled Tribe by the competent authority and the certificate has not been set aside uptil now, ought to be enough for issuance of a certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe. 3 4. In the light of that, this petition succeeds. Impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. Learned A.G.P. undertakes to communicate this order to the Sub-Divisional Officer, Degloor. Copy of this judgment duly authenticated by the Sheristedar of this Court be provided to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp4262.09 4