1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4137 OF 2010 Nilesh S/o Bapurao Allamwad, Age : Minor, Occu. : Education, Through father namely, Bapurao S/o Ramchandra Allamwad, Age : 36 Years, Occu. : Service, R/o Barbada, Tq. Naigaon, District Nanded. .. .. Petitioner Versus 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 42. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondent No. 1 and 3. Shri U. S. Malte, Advocate for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 25TH JUNE, 2010. ORAL JUDGMENT [PER P. V. HARDAS, J.] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner impugns the order passed by the Sub Divisional Officer, Degloor dated 08.05.2009 rejecting the application of the petitioner. The petitioner also impugns the order passed by the appellate authority dated 26.02.2010 dismissing the appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining a certificate as belonging to Mannerwarlu (Scheduled Tribe) submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon several documents, particularly validity certificate issued to the cousin of the petitioner. The petitioner had also relied upon the genealogy which was proved on affidavit of the 3 said person. The Sub Divisional Officer, Degloor rejected the said application on the ground that, perusal of the revenue record pertaining to the grand father of the petitioner revealed that caste Munnerwar was recorded. 4. We had requested the learned Assistant Government Pleader to make enquiry in respect of the genealogy which was produced by the petitioner. Upon receipt of the report, learned Assistant Government Pleader states that, on enquiry it transpires that Rajeshwar Ramdas Allamwad is the third cousin of the petitioner. In that light of the matter, therefore and particularly in the light of the fact that Rajeshwar Ramdas Allamwad has been issued validity certificate and is blood relative of the petitioner, according to us the petitioner is entitled to be issued with the certificate as belonging to 'Munnerwarlu' scheduled tribe. 4. We accordingly allow this petition and quash and set aisde the impugned orders and direct the Sub Divisional Officer, Degloor, forthwith issue caste certificate to the petitioner as belonging to Munnerwarlu scheduled tribe. 4 5. The rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10