1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5933 OF 2009 Mahesh S/o.Lalasaheb Bombile, Age-Minor, Occu-Education, R/o.At-Hasala, Tq.Ausa, Dist.Latur, Through Power of Attorney Holder, Ankush S/o.Keshavrao Bombile, Age-42 years, Occu-Labour, 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 District Supply Officer, Latur, District-Latur RESPONDENTS Mr.S.M.Vibhute, learned counsel for the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.U.S.Malte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 08/09/2009 2 ORAL JUDGMENT : (Per A.V.POTDAR, J.) 1. 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 the present writ petition under Article 226 of The Constitution of India, the petitioner is challenging the judgment and order dated 21/03/2009 passed by the Scrutiny Committee, Aurangabad Division Aurangabad in Appeal No.102/2009 by which the Scrutiny Committee has confirmed the order passed by the District Supply Officer, Latur dated 12/02/2009, by which the District Supply Officer, Latur has rejected the application submitted on behalf of the petitioner for issuance of caste certificate was rejected. 3. The facts which gave rise to file the present writ petition can be summarized as follows : The petitioner has filed an application on behalf of his minor son Mahesh for issuance of caste certificate as the petitioner and his son claimed that they belongs to Mahadev Koli Scheduled Tribe. Alongwith this application, the petitioner, the natural guardian father of the petitioner, has produced a caste certificate issued to him alongwith his affidavit, his school leaving certificate and the copy of the first page of his service book. While passing the order, all these documents submitted by and on behalf of the petitioner was rejected by The District Supply Officer, Latur, concluding that these documents are not sufficient to issue caste 3 certificate in favour of the minor petitioner. Being aggrieved by the said order, an appeal was preferred before the Scrutiny Committee, Aurangabad Division Aurangabad which appeal was numbered as 102/2009 and vide judgment and order dated 21/03/2009, the said appeal was dismissed by the Scrutiny Committee, Aurangabad Division Aurangabad and confirmed the order passed by the District Supply Officer, Latur. These orders are impugned in the present writ petition. 4. Heard respective counsels for the parties. 5. During the course of submissions across the bar, our attention is drawn towards the caste certificate issued in the name of father of the petitioner as well as the affidavit and genealogy annexed alongwith the said affidavit of father of the minor petitioner himself. It is but natural that the son came claim/entitle for the caste of his father. The caste certificate of Mahadev Koli was issued to the father of the petitioner. Apart from these documents, during the course of submissions across the bar, true copy of the judgment and order passed in W.P. No.4811/2009 dated 24/07/2009 is placed in our hands to which we both are parties to the judgment and order. By the said judgment and order in the writ petition, we have allowed the writ petition filed on behalf of real brother of the present petitioner and disposed of the said writ petition with direction to the District Supply Officer, Latur to issue caste certificate to the petitioner that he belongs to Koli Mahadev, Scheduled Tribe. If it is so, there is 4 prima facie evidence that petitioner belongs to Mahadev Koli, Scheduled Tribe. Hence we quash and set aside the impugned judgment and order passed by the Scrutiny Committee as well as the District Supply Officer, Latur. We hereby direct the District Supply Officer, Latur to issue the caste certificate of Mahadev Koli, Scheduled Tribe to the petitioner forthwith. 6. Needless to say that the caste certificate issued would be subject to verification by the competent Scrutiny Committee. 7. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5933-09