1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 3117 OF 2010 Akash S/o Naryanrao Boinwad Age-Minor, Occu. Education, R/o-At Post-Barbada, Tq. Naigaon (Kh.) Dist. Nanded Through father/ natural guardian, Shri Narayan Shankarrao Boinwad Age 35 years, Occu. Service, R/o as above .. 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 Dy. Director (R), Aurangabad . 3) The Sub Divisional Officer, Degloor, Dist. Nanded. RESPONDENTS. ... Shri S.M. Vibhute, Advocate for Petitioner. Shri S.K. Kadam, A.G.P. for respondent Nos. 1 & 3. Shri R.P. Phatake, Advocate for respondent No. 2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 16th April, 2010. 2 ORAL JUDGMENT: (Per S.V. GANGAPURWALA,J.) 1. Rule. Rule returnable forthwith. With the consent of the learned counsels for the parties, the petition is taken up for final hearing at the stage of admission. 2. The Petitioner vide this petition under Article 226 of the Constitution of India, impugns the order of the Sub Divisional Officer, Degloor dated 22/12/2009 and the order of the Scrutiny Committee dated 30/01/2010, confirming the order of the Sub Divisional Officer, Degloor rejecting the application of the petitioner for issuance of a caste certificate as belonging to ‘Koli-Mahadev-Scheduled Tribe’. 3. The petitioner, who was desirous of obtaining caste certificate, submitted an application before the Sub Divisional Officer, Degloor. The Petitioner relied upon the validity certificate issued to his father. The said document is at serial No. 5 in the order of Sub Divisional Officer, Degloor. The Sub Divisional 3 Officer, Degloor has rejected the application of the petitioner on the ground that, the field book of village Barbada reveals caste entry as ‘Koli’ below the names of the relatives of the applicant. The Scrutiny Committee while dismissing the appeal did not give any independent reasonings, but only observed that the Committee agrees with the decision taken by the Sub Divisional Officer, Degloor. According to us, the order passed by the authorities is wholly unjustified. It is inconceivable that the father of the petitioner, has been issued the Validity Certificate in respect of his caste ‘ Mahadev Koli- Scheduled Tribe’, but his son would not be issued the caste certificate as belonging to the same caste. 4. Accordingly, the Writ Petition is allowed. The impugned orders are hereby quashed and set aside. The Respondent No.3-Sub Divisional Officer, Degloor is hereby directed to issue the caste certificate to the petitioner as belonging to ‘Koli Mahadev-Scheduled Tribe’ forthwith. 4 5. Rule is thus made absolute in the above terms with no order as to costs. [S.V. GANGAPURWALA, J ] [ P.V. HARDAS, J ] SDM* WP3117.10(J)