1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2047 OF 2010 Sudarshan s/o Chinnaji Sallawar, Age minor, Occu.Education, R/o At Post Kundalwadi, Tq.Bilori, District Nanded, l Through father and natural Guardian, Chinnaji s/o Mohnaji Sallawar, Age 49 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, District Nanded .. RESPONDENTS Shri S.M.Vibhute, Advocate for petitioner Shri K.G.Patil,Assistant Govt.Pleader for respondents 1 & 3 Shri R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th 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 prays for issuance of a writ to respondents for quashing and setting aside the order of the Sub Divisional Officer, Degloor dated 30.4.2009 and the order passed by the respondent – scrutiny committee in appeal, dated 7.8.2009 dismissing the appeal filed by the petitioner. 3. The petitioner who was desirous of seeking a caste certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application through his father before the Sub Divisional Officer, Degloor for issuance of caste certificate. Along with the application, the petitioner annexed several documents, which included the caste certificate issued to the father of the petitioner. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that merely because a member of the family of the petitioner has been issued with the caste certificate, the petitioner would be axiomatically issued with the caste certificate. 4. According to us since the father of the petitioner has been issued with the caste certificate, the petitioner is entitled to be issued with the caste certificate. The ratio of the judgment by the Sub Divisional Officer pertain to the appreciation of the evidence by the scrutiny committee. The standard of proof before the 3 scrutiny committee and the Sub Divisional Officer being different, the ratio of the said judgment could not have been made applicable by the Sub Divisional Officer. 5. In that light of the matter, therefore, we allow this writ petition and quash and set aside the impugned orders and direct the respondents to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2047.10wp)