1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2039 OF 2010 Kum.Pooja d/o Bajirao Akulwar, Age Minor, Occu.Education, R/o At Post Sagroli, Taluka Biloli, District Nanded through Father & Natural Guardian, Shri Bajirao s/o Sayanna Akulwar, Age 48 years, Occu.Agri., 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 Sub Divisional Officer, Degloor, District Nanded .. RESPONDENTS Shri S.M.Vibhute, Advocate for petitioner Shri S.K.Kadaml, Assistant Govt.Pleader for respondents 1 and 3 Shri P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th March 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner challenges the order dated 31.8.2009 passed by the Sub Divisional Officer, Degloor and the order of the respondent – scrutiny committee in appeal rejecting the appeal filed by the petitioner. 3. The petitioner submitted an application to the Sub Divisional Officer, Degloor praying for issuance of a caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. Along with the application, the petitioner annexed several documents, one of which was a validity certificate issued to the second cousin of the petitioner by name Prabhakar Nagnath Pencilwar. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that the evidence produced by the petitioner was of recent origin and, therefore, certificate could not be issued to the petitioner. 4. Shri Vibhute, learned Counsel for the petitioner has invited our attention to the genealogy which was submitted before the respondents. The genealogy in terms discloses that Prabhakar Nagnath Pencilwar was the son of the first cousin of the father of the petitioner. The report of the Vigilance Officer also indicates that Prabhakar Nagnath Pencilwar is cousin of the petitioner. There is no reasoning at all by the Sub Divisional Officer in 3 respect of the genuineness or correctness of the validity certificate issued to the cousin of the petitioner. 5. In that light of the matter, therefore, according to us the petitioner ought to have been issued with the certificate as belonging to Mannerwarlu – Scheduled Tribe. We accordingly allow this petition, quash and set aside the impugned orders and direct the respondents to forthwith issue certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2039.10wp)