1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5070 OF 2010 Yogita D/o Anandrao Chinmalwar, Age : 18 Years, Occu. : Education, R/o Degloor, Tq. Degloor, Dist. Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Member Secretary. 2. Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri Sagar S. Phatale, Advocate for the Petitioner. Shri P. S. Patil, Standing Counsel for the Respondent No. 1. Shri S. K. Tambe, A.G.P. for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 04TH AUGUST, 2010. 2 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. This petition under Article 226 of the Constitution of India, takes exception to the order passed by the Sub Divisional Officer, Degloor, dated 10.12.2009 rejecting the application submitted by the petitioner for issuance of caste certificate as belonging to "Mahadev Koli" Scheduled Tribe. The petitioner also impugned the order passed by the Scrutiny Committee in appeal, dismissing the appeal filed by the petitioner. 3. It appears that the petitioner who was desirous of obtaining a caste certificate as belonging to Mahadev Koli Scheduled Tribe submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to the first cousin of the petitioner. It also appears that the petitioner had filed the affidavit as well as had proved the genealogy by filing the affidavit of his first cousin to whom the validity certificate had been issued. The Sub 3 Divisional Officer, Degloor, oblivious of the affidavit and genealogy rejected to rely on the validity certificate on the ground that the relationship had not been established. 4. In the light of the fact that first cousin of the petitioner has been granted validity certificate, according to us, the petitioner is also entitled to be issued with the certificate as belonging to Mahadev Koli Scheduled Tribe. In that light of the matter, this petition is allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to "Mahadev Koli" scheduled tribe. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10