1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4321 OF 2010 Shobha d/o Vishwambhar Rejitwad, Age 23 years, Occu.Education, R/o At Post Naigaon, Taluka Naigaon, District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2. The Scheduled Tribe 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.Tambe, Assistant Government Pleader for respondents 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 28th July 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 2.1.2010 rejecting the application submitted by the petitioner and the order of the respondent – scrutiny committee in appeal dated 25.2.2010 dismissing the appeal filed by the petitioner. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to Koli Mahadeo – Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the caste certificate and the validity certificate issued to the second cousin of the petitioner by name Rejitwad Balaji Hanmantrao. The Sub Divisional Officer rejected the application of the petitioner on the ground that the revenue record did not disclose that the grandfather of the petitioner had disclosed his caste as Koli Mahadeo but in fact, disclosed his caste as Koli. The appeal filed by the petitioner also came to be dismissed. 4. Notice of this petition came to be issued to the respondents and the respondents were asked to specifically verify the correctness of the genealogy submitted by the petitioner. The learned Assistant Government Pleader on instructions stated that upon verification, it is found that the genealogy submitted by the 3 petitioner is correct. Since the second cousin of the petitioner has been issued with the validity certificate, according to us the petitioner is entitled to issue with the caste certificate. As to the effect of entry of Koli in the revenue record pertaining to the grandfather of the petitioner is a matter which the scrutiny committee would be considering at the time of deciding the claim of the petitioner. 5. Resultantly, this petition is allowed, the impugned orders are quash and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/4321.10wp)