1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2184 OF 2010 Amitkumar s/o Mahadeo Adatrao, Age Minor, Occupation Education, Through Natural Guardian/Father, Mahadeo s/o Dashrat Adatrao, Age 43 years, Occu.Service, R/o At Post Sanja road, Vikas Bhavan, Osmanabad, Tq. and Dist.Osmanabad .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya Mumbai 32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R), Aurangabad 3. The Sub-Divisional Officer Osmanabad, Taluka Osmanabad, District Osmanabad .. RESPONDENTS Shri P.V.Jadhavar, Advocate for petitioner Shri K.J.Ghute Patil, Assistant Govt.Pleader for respondents 1 & 3 Shri R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 20th April, 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 taken up for final hearing at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner prays for quashing and setting aside the order passed by the Sub Divisional Officer, Osmanabad dated 31.7.2007 and confirmed in appeal by the scrutiny committee by its order dated 27.10.2009. 3. The petitioner who was a minor, had submitted an application through his father requesting for issuance of a caste certificate as belonging to Mahadeo Koli – Scheduled Tribe. Reliance was placed upon the certificate issued to the father of the petitioner by the competent authority, dated 29.11.1990. The Sub Divisional Officer rejected the aforesaid application of the petitioner on the ground that the petitioner had not annexed the certificates of other close relatives of the petitioner. 4. According to us, at this preliminary stage of enquiry, the fact that the father of the petitioner had been issued with a certificate was enough for issuance of a caste certificate to the petitioner, who is son of his father. In that light of the matter, therefore, according to us, the Sub Divisional Officer ought to have allowed the said application. 5. Resultantly, this writ petition succeeds and the impugned orders are hereby quashed and set aside and the Sub Divisional 3 Officer, Osmanabad is directed to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. In the circumstances there will be no order as to costs. 6. Rule is thus made absolute on the above terms. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2184.10wp)