1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3569 OF 2009 Ashok s/o Ramrao Narod, Age : 21 years, Occu. Education, R/o Biloli, Tq. Biloli, District Nanded, Through Power of Attorney Holder Ramrao s/o Laxman Narod, Age : 47 years, Occu. Agri., R/o Biloli, Tq. Biloli, Dist. Nanded ..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 Mr S.M. Vibhute, Advocate for the petitioner; Mr K.G. Patil, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 16th JUNE, 2009. 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the orders passed by the Sub-Divisional Officer, Degloor, District Nanded declining to issue caste certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe and the order of the respondent no.2 Scrutiny Committee affirming the said order in appeal. In the light of the limited nature of challenge raised in this petition, we deem it appropriate to decide this petition finally at the stage of admission. 3. We have heard Shri S.M. Vibhute, learned Counsel for the petitioner; Shri K.G. Patil, learned A.G.P. On behalf of respondents no.1 & 3 and Shri M.S. Deshmukh, learned Counsel on behalf of respondent no.2. From the perusal of the impugned order it is apparent to us that the petitioner had tendered to the Sub Divisional Officer the copy of the validity certificate granted to the cousin of the petitioner by name Narod Ravindra 3 Bhumanna. The affidavit of the said validity holder as well as a genealogy had been filed before the Sub Divisional Officer. Perusal of the aforesaid documents clearly reveals that the validity holder Narod Ravindra Bhumanna is closely related to the petitioner. Since the validity has been granted to a close blood relative of the petitioner, according to us the order of the Sub-Divisional Officer declining to issue certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe is unsustainable. The Scrutiny Committee has confirmed the aforesaid order in appeal. Both the orders impugned in the present petition are, therefore, unsustainable and deserve to be quashed and set aside. 4. Accordingly, this petition is allowed and the impugned orders are hereby quashed and set aside and the Sub-Divisional Officer is directed to forthwith issue certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe. Rule is made absolute on the above terms with no order as to costs. //Authenticated copy// (A.M. Joshi), Pvt. Secretary to Hon’ble Judge 4