1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2370 OF 2010 Rohit s/o Sayanna Totawad, Age 18 years, Occu.Education, R/o Lohagaon, Taluka Biloli, District Nanded .. PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded .. RESPONDENTS Shri P.V.Jadhavar, Advocate for petitioner Shri N.B.Khandare, Government Pleader for respondents 1 and 3 Shri R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 22nd March 2010 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 2. By this petition under Article 226 of the Constitution of India the petitioner takes exception to the order of the Sub Divisional Officer, Degloor dated 25.9.2008 and the order of the scrutiny committee in appeal dated 30.4.2009 dismissing the appeal of the petitioner. 3. The petitioner who was desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe submitted an application to the Sub Divisional Officer, Degloor. The petitioner placed reliance on various certificates issued to his relatives including a certificate issued to the father of the petitioner. The Sub Divisional Officer found that merely because the father of the petitioner had been issued with a caste certificate was no ground to issue certificate in favour of the petitioner. 4. According to us, prima facie, the petitioner ought to have been issued with the caste certificate in the light of the fact that father of the petitioner had been issued with the caste certificate as belonging to Mannerwarlu – Scheduled Tribe. We, therefore, see no reason whatsoever as to why the petitioner’s application should have been dismissed. 3 5. We accordingly allow this writ petition and quash and set aside the impugned orders and direct that the petitioner be issued with a certificate forthwith as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2370.10wp)