1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6144 OF 2010 Laxman s/o Saylu Raulwar, Age 22 years, Occu.Education, R/o Degloor, Taluka Degloor, District Beed .. 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 petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th 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 takes exception to an order dated 22.12.2009 passed by the Sub Divisional Officer, Degloor and confirmed in appeal by the Scrutiny Committee dated 10.3.2010. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to his real brother. The Sub Divisional Officer rejected the application of the petitioner on the ground that in the 1950 census record the caste of the relatives of the petitioner was disclosed as “Mannurwar”. 4. Since the real brother of the petitioner has been granted validity certificate, according to us, the petitioner is also entitled to be issued with a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. In that light of the matter, the findings recorded by the Sub Divisional Officer, Degloor are unsustainable and deserve to be quashed and set aside. Accordingly, this petition is allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 3 Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6144.10wp)