1 WP 619.2011 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 619 OF 2011 Kum. Rukmin D/o Iranna Totawad Age : 22 Yrs., Occ. Education Through her real brother i.e. next friend Anil S/o Iranna Totawad Age : 27 years, Occ. Education, R/o : at post Bolegaon, Tq. Biloli, Dist. Nanded. .... PETITIONER VERSUS 1. Sub Divisional Officer Degloor, Tq. Degloor Dist. Nanded. 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary. .... RESPONDENTS Mr. S.S.Phatale,Advocate for the petitioners. Mr. N.R.Shaikh, Asstt. Govt. Pleader for State. Mr.R.P.Phatke, Standing Counsel for Resp.No.2. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE OF JUDGMENT : 14/02/2011 2 WP 619.2011 - ( J ) ORAL JUDGMENT : [ PER – S.V. GANGAPURWALA, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2. Heard the learned counsel for the respective parties. 3. The petitioner assails the Order dated 10/8/2010 passed by the Scrutiny Committee in Appeal, thereby dismissing the Appeal and confirming the order passed by Sub Divisional Officer, Degloor rejecting the application of the petitioner for issuance of caste certificate as belonging to “ Mannerwarlu – Scheduled Tribe ”. 4. Mr. S.S. Phatale, learned counsel for the petitioner submits that Sub Divisional Officer, Degloor did not consider the caste certificate issued in favour of brother of the petitioner, so also, the documents such as the school record, report of the Circle Inspector which shows the caste of the petitioner as “ Mannerwarlu ”. Even the Scrutiny Committee in Appeal did not consider the same on merits and without assigning any reason, dismissed the same. 5. Mr. R.P. Phatke, learned counsel for respondent no. 2 substantiates the order passed by Sub Divisional Officer, Degloor and the 3 WP 619.2011 - ( J ) Scrutiny Committee and states that there is no clinching evidence for issuing the caste certificate. 6. At the time of issuance of caste certificate, the authorities have to be prima facie satisfied and detail investigation is not contemplated. The school record of the petitioner shows the caste recorded as “ Mannerwarlu ”. Even the brother of the petitioner has been issued caste certificate as belonging to “ Mannerwarlu ”. The detail enquiry is contemplated if the caste certificate is sent for verification. There is no contra evidence. In the light of the same, the impugned orders are quashed and set aside and we direct Sub Divisional Officer, Degloor to forthwith issue the caste certificate to the petitioner as belonging to “ Mannerwarlu ”. 7. Rule is accordingly made absolute, however with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 619.2011