1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5681 OF 2010 Sachin Dattarao Jadhav, Age 20 years, Occu.Education, R/o Jawalgaon, Taluka Himayatnagar, District Nanded .. PETITIONER VERSUS 1. Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Kinwat, Taluka Kinwat, District Nanded ..RESPONDENTS Mr.S.S.Phatale, Advocate holding for Mr.M.S.Deshmukh, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 30th June 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. The petitioner by this petition under Article 226 of the Constitution of India impugns the order of the Sub Divisional 2 Officer, Kinwat, dated /01/2010 and the order of the Scrutiny Committee in Appeal, dated 25.2.2010. The Sub Divisional Officer had rejected the application of the petitioner seeking issuance of caste certificate as belonging to Thakur – Scheduled Tribe. The order of the Sub Divisional Officer was confirmed by the Scrutiny Committee in appeal. 3. The petitioner relied upon the certificate issued to the uncle of the petitioner as belonging to Thakur – Scheduled Tribe. The Sub Divisional Officer rejected the said certificate on the ground that the petitioner could not produce a validity certificate of any of his close relatives or other revenue record. We are astonished that the application of the petitioner came to be rejected on these grounds. The uncle of the petitioner has been issued with the certificate by the Tahsildar as belonging to Thakur – Scheduled Tribe, according to us was sufficient for issuance of a caste certificate to the petitioner. The genuineness or otherwise of the claim would be decided by the Scrutiny Committee. 4. In that light of the matter, we allow this petition, quash and set aside the impugned orders and direct the Sub Divisional Officer, Kinwat to forthwith issue caste certificate to the petitioner as belonging to Thakur – Scheduled Tribe. 3 5. Rule made absolute on the above terms with no orders as to costs. Sd/- Sd/- ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5681.10wp) “Authentic copy” ( V.V.Rasal ) P.S.to Honourable Judge