1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2150 OF 2010 Gajanan S/o Kashiram Madewad } Age : Minor, Occ. : Education, } R/o : At – Post Barbada, Tq. Naigaon (Kh)} Dist. : Nanded through father and } natural guardian Kashiram S/o } Mahadu Madewad, Age : 51 Yrs., } Occ. : Service, R/o : as above. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary } to 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 } Degloor, Dist. : Nanded. } .... RESPONDENTS Mr. S.M.Vibhute, Advocate for Petitioner. Mr. K.J.Ghute Patil, Assistant Govt. Pleader for respondent no. 1 - State . Mr. P.S.Patil, Special counsel for respondent no. 2 - Caste Verification Committee. . 2 CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 17/03/2010 ORAL JUDGMENT : [ PER – P.V.HARDAS, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We have heard Mr. S.M.Vibhute, learned counsel for the petitioner, Mr. K.J.Ghute Patil, learned Assistant Govt. Pleader on behalf of respondent nos. 1.- State and Mr. P.S.Patil, Special counsel for respondent no. 2 - Caste Verification Committee. 2. The petitioner impugns the orders passed by the Sub Divisional Officer, Degloor rejecting the application of the petitioner and the orders of the Scrutiny Committee in Appeal dismissing the Appeal filed by the petitioner. The petitioner is aggrieved by the dismissal of his application as the petitioner had sought issuance of Caste Certificate as belonging to Koli Mahadev – Scheduled Tribe. The petitioner principally relied upon several documents, of which one was the Caste Certificate issued to the father of the petitioner. This is an undisputed position and we fail to understand as to why in the face of such document, the petitioner was refused to be issued with the Caste Certificate as belonging to Koli Mahadev – Scheduled Tribe. 3 3. In that light of the matter, therefore, the petition is allowed and the impugned orders are hereby quashed and set aside and the respondents are directed to forthwith issue Caste Certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. In the circumstances, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2150.10 ( J )