1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6460 OF 2010 Kum. Yamita Ulhas Kongalwar, Age : 20 Years Occu. : Education, Through her father :- Ulhas Mashnaji Kongalwar, Age : 48 Years, Occu. : Service, R/o Degloor, Tq. Degloor, District Nanded. .. .. Petitioner Versus 1. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary. 2. The Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri S. S. Phatale, Advocate for the Petitioner. Shri R. P. Phatake, Standing Counsel for the Respondent No. 1. Shri S. K. Kadam, A.G.P. for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 21ST JULY, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. This petition impugnes the order passed by the Sub Divisional Officer, Degloor, dated 16.04.2010 and the order passed by the Scrutiny Committee in appeal dated 29.05.2010. 3. The petitioner was desirous of obtaining a certificate of belonging to "Mannerwarlu" Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to her father. The Sub Divisional Officer, rejected the said application on the ground that in the Census record the caste of grand father of the petitioner was recorded as "Munnarwad". 4. According to us, the reasoning is unsustainable in law. The father of the petitioner has been issued with the validity certificate, on the strength of that validity certificate the petitioner ought to have been issued with a certificate as belonging to "Mannerwarlu" scheduled tribe. Thus writ petition 3 is consequently allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to "Mannerwarlu" Scheduled tribe. 5. Rule is made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10