1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2037 OF 2010 Ravindra s/o Bhanudas Devarwade, Age 28 years, Occu.Education, R/o At Post Deola, Tq. Ambajogai, District Beed .. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to the 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, Ambajogai, District Beed .. RESPONDENTS Shri S.M.Vibhute, Advocate for petitioner Shri S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 3 Shri U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th March 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 prays for quashing and setting aside the order of the Sub Divisional Officer, Ambajogai dated 6.7.2009 rejecting the application of the petitioner and the order of the scrutiny committee in appeal dated 22.9.2009 dismissing the appeal filed by the petitioner. 3. The petitioner being desirous of obtaining the caste certificate as belonging to Koli Mahadev – Scheduled Tribe, submitted an application to the Sub Divisional Officer, Ambajogai for issuance of the caste certificate. Along with the application the petitioner annexed several documents of which were caste certificates issued to the two real brothers of the petitioner. The Sub Divisional Officer, Ambajogai rejected the application of the petitioner on the ground that the material before the Sub Divisional Officer was not sufficient for warranting the issuance of the caste certificate to the petitioner. 4. Since the two real brothers of the petitioner have been issued with the caste certificate as belonging to Koli Mahadev – Scheduled Tribe, we see no reason as to why the application of the petitioner came to be rejected. 3 5. We, therefore, allow this petition and quash and set aside the impugned order and direct the respondents to forthwith issue the caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 6. Rule made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2037.10wp)