1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3920 OF 2009 Gangakishan s/o Shankarrao Jethewad Age 24 years, Occu.Education, R/o Barbada, Tq.Naigaon(Kh), Dist.Nanded .. 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 Deputy Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, Dist.Nanded .. Respondents Shri S.M.Vibhute, Advocate for petitioner Shri K.J.Ghute Patil, AGP for respondent No.1 & 3 Slhri M.S.Deshmukh, Advocate for respondent No.2 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 26th JUNE, 2009 2 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. The petitioner by this petition under Article 226 of the Constitution of India impugns the order of the Sub-Divisional Officer, Degloor dated 7.3.2009 and the order of Scrutiny Committee dated 30.4.2009 in appeal confirming the order of the Sub-Divisional Officer rejecting the application of the petitioner for issuing a caste certificate as belonging to Koli Mahadev– Scheduled Tribe. 3. The petitioner who was desirous of obtaining a caste certificate, submitted an application before the Sub-Divisional Officer, Degloor. The petitioner heavily relied upon the validity certificate granted to cousin of the petitioner. The Sub-Divisional Officer, Degloor rejected the said application on the ground that in the census documents caste of some of the relatives of the petitioner was recorded as “Koli” and word “Mahadev” appeared to have been added subsequently. 4. According to us, the caste certificate to the father of the petitioner as belonging to Koli Mahadev – Scheduled Tribe has been issued and so also the validity certificate has been granted 3 to cousin of the petitioner. The aforesaid documents at this prima facie stage were enough for issuance of a caste certificate to the petitioner. In the light of that this petition is allowed. The impugned orders are hereby quashed and set aside. Accordingly, the Sub-Divisional Officer, Degloor is hereby directed to forthwith issue the caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 5. Rule is thus made absolute on the terms indicated above with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE vvr/3920.wp 4