1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4262 OF 2009 Nagesh s/o Digambarrao Bolchetwar, Age- 18 years, Occu.Education, R/o At Post Kundalwadi, 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.J. Ghute 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 : 10TH JULY, 2009 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule 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 the petitioner impugns the order passed by the Sub-Divisional Officer, Degloor, dated 31.1.2009 and the order of the Scrutiny Committee dated 21.3.2009 confirming the order of the Sub-Divisional Officer rejecting the application of the petitioner. 3. The petitioner had submitted an application for issuance of a certificate as belonging to “Mannerwarlu” Scheduled “Tribe and had submitted copy of the caste certificate issued to the grandfather of the present petitioner. The Sub-Divisional Officer rejected the aforesaid application on the ground that merely because one member in the family had been granted validity would not be a sole foundation for issuance of a certificate and on the other ground that the petitioner had failed to produce documents prior to 1950. 4. According to us, the fact that the grandfather of the petitioner had been issued with a caste certificate as belonging to “Mannerwarlu” - Scheduled Tribe, the petitioner would thus be entitled to be issued with the caste certificate as belonging to “Mannerwarlu” - Scheduled Tribe. In the light of 3 that, this writ petition is allowed and impugned orders are hereby quashed and set aside and the Sub- Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. Learned A.G.P. undertakes to communicate this order to the Sub-Divisional Officer, Degloor. Copy of this judgment duly authenticated by the Sheristedar of this Court be povided to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp4262.09 4