1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2183 OF 2010 Priyanka D/o Mahadeo Adatrao } Age : Minor, Occ. : Education, } through natural guardian /father } Mahadeo S/o Dashrat Adatrao } Age : 43 Yrs., Occ. : Service, } R/o : At – Post Sanja Road, Vikas Bhavan } Osmanabad, Tq. & Dist. : Osmanabad } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its 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 } Osmanabad, Tq. & Dist. Osmanabad } .... RESPONDENTS Mr. Pratap V. Jadhavar, Advocate for Petitioner. Mr. K.J.Ghute Patil, Assistant Govt. Pleader for respondent no. 1 - State . Mr. P.S.Patil, Special Counsel for respondent no. 2 - Caste Verification Committee. . 2 CORAM : P.V.HARDAS, J. & S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 17/03/2010 ORAL JUDGMENT : [ PER – P.V.HARDAS, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. We have heard Mr. Pratap V. Jadhavar, learned counsel for the petitioner, Mr. K.J.Ghute Patil, learned Assistant Government Pleader on behalf of respondent nos. 1 - State and Mr. P.S.Patil, Special counsel for respondent no. 2 - Caste Verification Committee. 2. This petition under Article 226 of the Constitution of India takes exception to the Order passed by the Sub Divisional Officer, Osmanabad dated 31/7/2009 rejecting the application filed by the petitioner and the order of the Scrutiny Committee in Appeal dated 27/10/2009 dismissing the Appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining the Caste Certificate for his daughter as belonging to Koli Mahadev – Scheduled Tribe, applied for issuance of a Certificate to the Sub Divisional Officer, Osmanabad. The petitioner had annexed several documents including the document issued to him by the Tahsildar as belonging to Koli 3 Mahadev – Scheduled Tribe. The Sub Divisional Officer rejected the application of the petitioner on the ground that the petitioner had never produced any document in respect of the caste of his father / grandfather. 4. Prima facie, since the petitioner has been issued the certificate as belonging to Koli Mahadev – Scheduled Tribe and there is no challenge to the aforesaid certificate, according to us, the daughter/child of the petitioner ought to have issued with the certificate as belonging to Koli Mahadev – Scheduled Tribe. In that light of the matter, the orders impugned in the present petition and unsustainable, are liable to be quashed and set aside. 5. Accordingly, the impugned order is quashed and set aside and the respondents are directed to forthwith issue Caste Certificate to the child of the petitioner as belonging to Koli Mahadev – Scheduled Tribe. In the circumstances, there shall be no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2183.10 ( J )