1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2953 OF 2010 Gajanan S/o Balajirao Bogulwar } Age : 22 Years, Occ. : Education, } R/o : Degloor, Tq. Degloor, } Dist. Nanded. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary, } Tribal Development Department } Mantralaya, Mumbai – 32. } 2. The Scheduled Certificate Scrutiny } Committee, Aurangabad Division, } Aurangabad,through its } Dy. Director (R), Aurangabad. } 3. The Sub Divisional Officer } Degloor, Tq. Degloor, } District : Nanded. } .... RESPONDENTS Mr. P.V.Jadhavar, Advocate for petitioner. Mr. S.K.Tambe, Assistant Govt. Pleader for State. Mr. U.S.Bondar, Advocate for respondent no. 2. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 08/04/2010 2 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. 2. We have heard Mr. P.V.Jadhavar, Advocate for petitioner, Mr. S.K.Tambe, Assistant Govt. Pleader for State and Mr. U.S.Bondar, Advocate for respondent no. 2. 3. The petitioner by this petition under Article 226 of the Constitution of India, the petitioner impugns the Order passed by the Sub Divisional Officer, Degloor dated 7/12/2009, rejecting the application filed by the petitioner for issuance of caste certificate as belonging to Mannerwarlu – Scheduled Tribe. The petitioner also impugns the Order passed by the Scrutiny Committee affirming the order of the Sub Divisional Officer, Degloor in Appeal, dated 31/1/2010. 4. The petitioner, who was desirous of obtaining the certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted various documents. The principal document on which the petitioner relied upon, was a caste certificate issued to the father of the petitioner. The Sub Divisional Officer, Degloor chose not to rely upon the said certificate on the ground that the school record pertaining to the father 3 of the petitioner disclose that the caste which was recorded, was “ Munnerwar ” and “ Munnerwarlu ” had been added subsequently. 5. According to us, this exercise was not warranted. The father of the petitioner had been issued certificate by the competent authority and it was not open for the Sub Divisional Officer to go behind that certificate. The correctness or otherwise of the said said certificate would be subject matter of challenge before the Scrutiny Committee. The caste certificate issued to the father of the petitioner has to be considered as prima facie evidence warranting the issuance of caste certificate to his children. In that light of the matter, therefore, this petition deserves to be allowed. 6. Accordingly, this Writ Petition is allowed and the impugned Orders are hereby quashed and set aside and the Sub Divisional Officer, Degloor directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 7. Rule is thus made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2953.10 ( J ) 4