1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3437 OF 2010 Nandkumar s/o Ramesh Akulwar, Age 12 years, Occu.Education, Through his natural guardian i.e. father : Shri Ramesh Vitthalrao Akulwar, Age 42 years, Occu.Service, R/o Degloor, Taluka Degloor, District Nanded .. PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary .. RESPONDENTS Mr.S.S.Phatale, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondent No.1 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 30th April, 2010 ORAL JUDGMENT (PER S.V.GANGAPURWALA, 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 the present petition under Article 226 of the Constitution of India, the petitioner takes exception to the order passed by the Sub Divisional Officer dated 8.9.2009 and the order dated 26.10.2009 passed by the Scrutiny Committee, Aurangabad in appeal, rejecting the application of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. 3. The ground on which the application of the petitioner has been rejected by the Sub Divisional Officer, Degloor is that in the census, in column of caste in respect of his grandfather, the caste is mentioned as “Munnurwar”. Only on this sole ground the application for issuance of caste certificate has been negated. The Sub Divisional Officer failed to consider the other evidence such as the caste certificate issued in favour of the father of the petitioner. When the father of the petitioner has already been issued with the caste certificate as belonging to Mannerwarlu – Scheduled Tribe, the son also deserves to be issued with the same caste certificate. 4. In the light of the above, we allow this petition, quash and set aside the orders dated 8.9.2009 passed by the Sub Divisional Officer, Degloor and the order dated 26.10.2009 passed by the Scrutiny Committee in appeal and direct the Sub Divisional Officer, Degloor to forthwith issue the caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 3 5. Rule made absolute on above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3437.10wp)