1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3651 OF 2009 Pawan s/o Sureshrao Perke, Age-minor, Occu.Education, R/o Dongaon (Kh), Tq. Biloli, District Nanded, Through natural guardian /father Shri Suresh s/o Laxmanraoi Perke, Age : 41 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 Mr S.M. Vibhute, Advocate for the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND 2 R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition impugns the order of the Sub- Divisional Officer, Degloor, dated 5.10.2008 rejecting the application of the petitioner and the order of the Scrutiny Committee dated 27.2.2009 dismissing the appeal filed by the present petitioner. It appears that the petitioner had applied for issuance of a caste certificate as belonging to “Mannerwarlu” - Scheduled Tribe. The petitioner had relied on several documents. It is not necessary for us to dilate on this aspect of the matter as the sister of the petitioner had filed Writ Petition No.2148 of 2009, Kum. Sudhamaya d/o Sureshrao Perke vs. State of Maharashtra & ors., impugning the order of the Sub- Divisional Officer, Degloor rejecting her application for issuance of the caste certificate. The Division Bench of this Court by its judgment dated 13.4.2009 allowed the aforesaid petition and directed the Sub- Divisional Officer to issue the caste certificate to the petitioner therein. Since the petitioner in this petition before us is the brother of the petitioner in Writ Petition No.2148 of 2009, we allow this petition in the light of the said judgment and quash and set 3 aside the impugned orders and direct the Sub- Divisional Officer, Degloor to forthwith issue certificate to the petitioner as belonging to “Mannerwarlu” Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. Learned A.G.P. undertakes to communicate this order to the Sub-Divisional Officer, Degloor. Copy of this judgment duly authenticated by the Sheristedar of this Court be povided to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3651.09 4