1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3720 OF 2010 GANESH SANJAY KHEDKAR AGE - MINOR, OCCU- EDUCATION, R/O DEGLOOR, TQ. DEGLOOR, DIST NANDED THROUGH FATHER/NATURAL GUARDIAN, SHRI SANJAY S/O VITHARAO KHEDKAR, AGE - 43 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, NANDED ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 4th May, 2010 2 ORAL JUDGMENT [ PER GANGAPURWALA , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is taken up for final hearing at the stage of admission. 2. By the present petition under Article 226 of the Constitution of India the petitioner takes exception to the order dated 18.12.2009 passed by the Sub-Divisional Officer, Degloor and the order dated 30.1.2010 passed by the Scrutiny Committee, Aurangabad in appeal, thereby rejecting the application of the petitioner for issuance of caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe. 3. The Sub-Divisional Officer rejected the application of the petitioner solely on the ground that in census record the caste of the relatives of the petitioner is recorded as "Koli". The Sub- Divisional Officer has ignored the material document such as the validity certificate issued in favour of the father of the petitioner. The factum of issuance of validity certificate in favour of the father of the petitioner is sufficient evidence to establish the caste of the petitioner. 3 4. In the light of the above, we set aside the impugned orders passed by the authorities and direct the Sub-Divisional Officer, Degloor to forthwith issue the caste certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 5. Rule made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3720.10