1 Writ Petition No.860 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.860 OF 2011 * Govind S/o Sayanna Kamtamwad Age 24 years, Occupation : Education, R/o Belkuni Br. Taluka Biloli, District Nanded. ... Petitioner. Versus 1) The State of Maharashtra, Through the Secretary to Tribal Development Department, Mantralaya, Mumbai. 2) The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Deputy Director (R), Aurangabad. 3) The Sub Divisional Officer, Degloor, District Nanded. ... Respondents. -------- Shri. S.M. Vibhute, Advocate for petitioner. Shri. N.R. Shaikh, Assistant Government Pleader for respondent Nos.1 and 3. Shri. R.P. Phatke, Counsel, for respondent No.2. -------- CORAM: NARESH H PATIL & S.V. GANGAPURWALA, JJ. DATE: 28th FEBRUARY 2011 2 Writ Petition No.860 of 2011 ORAL JUDGMENT (Per S.V. Gangapurwala, J.): 1) Heard. 2) Rule, made returnable forthwith. By consent, taken up for final disposal. 3) The petitioner assails order dated 18-2-2010 passed by the Sub Divisional Officer, Degloor, rejecting the application of the petitioner for grant of caste certificate as belonging to "Mannerwarlu", Scheduled Tribe so also the order dated 19-4-2010 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, rejecting the appeal. 4) Shri. S.M. Vibhute learned counsel contends that, the petitioner had produced on record certificates issued by the Sarpanch and Police Patil so also the school record which unequivocally show the caste of the petitioner as "Mannerwarlu", Scheduled Tribe. Petitioner's father is illiterate. 5) Shri. R.P. Phatke, learned counsel, supports the orders passed by the authorities. 3 Writ Petition No.860 of 2011 6) At the time of issuance of caste certificate the authorities have to be prima facie satisfied. Detailed inquiry is not contemplated. The same is required to be done if the caste certificate is referred to the Caste Scrutiny Committee for verification. In the present matter the school record shows the petitioner's caste as "Mannerwarlu" so also the other certificates. 7) In the light of the above, we quash and set aside the order dated 18-2-2010 passed by the Sub Divisional Officer, Degloor and the order dated 19-4-2010 passed by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad and direct the Sub Divisional Officer, Degloor, to issue caste certificate to the petitioner of "Mannerwarlu". 8) Rule is made absolute in the above terms with no order as to costs. Sd/- Sd/- (S.V. GANGAPURWALA, J.) (NARESH H PATIL, J.) rsl