1 WP 6486.2010 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6486 OF 2010 Sudhakar Nagnath Kopurwad Age : 21 Yrs., Occ. Education, R/o : Biloli, Tq. Biloli, Dist. : Nanded. .... PETITIONER V E R S U S 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary. 2. Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded. .... RESPONDENTS ---------------------------------------------------------------------------------------------------------------- Mr. M.S.Deshmukh, Advocate holding for Mr. S.S. Fatale, Advocate for the Petitioner. Mr. N.B.Khandare, Govt. Pleader for State. Mr. R.P. Phatke, Advocate for Resp. No. 1. ---------------------------------------------------------------------------------------------------------------- CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 12/01/2011 ORAL JUDGMENT : [ PER – S.V. GANGAPURWALA, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, taken up for final hearing. 2 WP 6486.2010 - ( J ) 2. The petitioner assails the Order dated 26/3/2010 passed by the Scrutiny Committee, Aurangabad thereby dismissing the Appeal and upholding the order dated 2/1/2009 passed by the Sub Divisional Officer, Degloor, refusing to issue Caste Certificate to the petitioner as belonging to ‘ Koli Mahadev ’, Scheduled Tribe. 3. Mr. M.S. Deshmukh, the learned counsel for the petitioners submits that even the father of the petitioner has been issued Caste Certificate and his uncle has been issued validity certificate as belonging to ‘ Koli Mahadev ’, Scheduled Tribe. 4. Mr. Phatke, learned counsel for the Scrutiny Committee and the learned Govt. Pleader submit that the Caste Certificate of the father of the petitioner was not produced before the Sub Divisional Officer, Degloor. As such, no fault can be found in the order passed by the Sub Divisional Officer, Degloor. 5. At the time of the issuance of the Caste Certificate, the authority has to be prima facie satisfied and no detail enquiry is being contemplated. 6. The petitioner has produced the validity certificate issued in favour of his uncle, so also the Caste Certificate issued in favour of his father as belonging to ‘ Koli Mahadev ’, Scheduled Tribe. It would be paradox if the father holds the Caste Certificate as belonging to ‘ Koli Mahadev ’, Scheduled Tribe and the son would not be issued the said Certificate. 3 WP 6486.2010 - ( J ) 7. In light of the fact that the petitioner’s father is issued the Caste Certificate as belonging to ‘ Koli Mahadev ’, Scheduled Tribe and even the validity certificate has been issued to the uncle of the petitioner as belonging to ‘ Koli Mahadev ’, Scheduled Tribe, we hereby allow the petition, quash and set aside the impugned order and direct the Sub Divisional Officer, Degloor to forthwith issue the Caste Certificate to the petitioner as belonging to ‘ Koli Mahadev ’, Scheduled Tribe. 8. Rule is made accordingly absolute, however with no order as to costs. [ S.V. GANGAPURWALA, J. ] [ NARESH H. PATIL, J. ] knp/WP 6486.2010