1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2090 OF 2010 Kishor s/o Datta Pupalwad, Age minor, Occu.Education, R/o At Post Barbada, Taluka Naigaon (Kd), District Nanded, through father and Natural Guardian Shri Datta s/o Laxman Pupalwad, Age 40 years, Occu.Agri., R/o As above .. 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 Shri S.M.Vibhute, Advocate for petitioner Shri S.K.Kadam, Assistant Govt.Pleader for respondents 1 & 3 Shri U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th March 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 challenges the order passed by the Sub Divisional Officer, Degloor dated 13.7.2009 and the order dated 26.10.2009 passed by the Scrutiny Committee dismissing the appeal filed by the petitioner. 3. We have heard Shri Vibhute, learned Counsel for the petitioner and Shri Kadam, learned Assistant Government Pleader on behalf of respondents 1 and 3 and Shri Malte, learned Counsel on behalf of respondent No.2. 3. The petitioner was desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application through her father before the Sub Divisional Officer, Degloor. Along with the application, the petitioner annexed several documents, which included the caste certificate issued to the father of the petitioner as belonging to Mannerwarlu – Scheduled Tribe and validity certificate issued to the cousin of the father of the petitioner. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that in the record pertaining to the grandfather of the petitioner, the caste “Munnurwar” was mentioned. 3 4. According to us since the father of the petitioner has been issued with the caste certificate and there is no dispute in respect of the genuineness of the said caste certificate and the fact that the uncles of the petitioner have been issued with the validity certificates, the petitioner ought to have been issued with the certificate as belonging to Mannerwarlu – Scheduled Tribe. Whether the record pertaining to the grandfather and other material vitiates the said certificate is a matter which would be dealt with by the scrutiny committee when the said certificate is placed before it for verification. 5. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned orders and direct the respondents to forthwith issue certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 5. In that light of the matter, therefore, we allow this writ petition and quash and set aside the impugned orders and direct the respondents to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 4 6. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2090.10wp)