(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 5200 OF 2010 Nupur d/o. Sangeeta Budhwant, Age : 18 years, Occupation : Education, R/o. 132, Shreya Nagar, Aurangabad. .. Petitioner. versus 1. The State of Maharashtra, Through Secretary, Social Welfare Department, Mantralaya, Mumbai-32. 2. Scheduled Caste, Vimukta Jati, Nomadic Tribes, Other Backward Class And Special Backward Category, Divisional Caste Certificate Scrutiny & Verification Committee No.1, Aurangabad. .. Respondents. ....................... Mr. V.P. Latange, Advocate, for the petitioner. Mr. K.M. Suryawanshi, Assistant Government Pleader, for respondent nos.1 and 2. ........................ (2) CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 7TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of present petition, the petitioner impugns the order passed by the respondent no.2 / Committee, dated 9th March 2010, thereby rejecting the claim of the petitioner, of belonging to "Vanjari", which is specified as Nomadic Tribe-D. The claim of the petitioner is rejected by the respondent no.2 / Committee on the ground that the petitioner has not submitted the caste certificate of the father of the petitioner. 3. The petition arises out of peculiar facts and circumstances. The petitioner's mother was married to one Arjun Atmaram Kute. However, it appears that after the birth of the petitioner, there was a matrimonial discord between the petitioner's mother and father. They were divorced vide decree of the Family Court, dated 23rd June 1994. The petitioner was thereafter residing with her mother and was also using her mother's name as middle name and also her mother's surname as her surname. (3) 4. After grant of necessary certificate, the petitioner's caste claim came to be referred to the respondent no.2 / Committee. The respondent no.2 / Committee has rejected the caste claim of the petitioner solely on the ground that the petitioner has failed to produce caste certificate of her father inspite of giving opportunity. Hence, the present petition. 5. We have perused the record. The petitioner has, in fact, produced the certificate of her mother. No doubt, that the caste of a candidate flows from her father. However, in the peculiar facts and circumstances, it is beyond the control of the petitioner, to get caste certificate of her father, since after her mother's divorce with her father, she has been staying with her mother. It is further to be noted that the father of the petitioner has expired on 6th October 2004. The petitioner has placed on record, copies of documents regarding school record of the petitioner's father which would show that his caste was notified as "Vanjari". A copy of the caste certificate, dated 16th October 1992, notifying the caste of the petitioner's father as "Vanjari", is also submitted by the petitioner. 6. It is further pertinent to note that the petitioner's father was working in Thane Municipal Corporation and his service record also shows his caste to be "Vanjari". It is further to be noted that the Vigilance Cell, on home inquiry, has found that the (4) petitioner has satisfied that she belongs to "Vanjari", Nomadic Tribe. The Vigilance Cell has also noticed the certificate granted in favour of the petitioner's grandfather, namely, Atmaram Godaji Kute. 7. We, therefore, find that in this factual background, the Committee was not justified in rejecting the claim of the petitioner only on the ground that the original caste certificate of the petitioner's father was not submitted by her. 8. In the result, the petition is allowed. The impugned order dated 9th March 2010, passed by the respondent no.2 / Committee, is quashed and set aside, and the respondent no.2 / Committee is directed to issue validity certificate in favour of the petitioner, certifying that the petitioner belongs to "Vanjari", which is specified as Nomadic Tribe-D. 9. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp5200