- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3559/2009 Balaji s/o Gangadhar Chintalwar, age minor, occu.education, r/o Bhaktapur Tq.Degloor Dist.Nanded. Through natural guardian / father Shri Gangadhar s/o Piraji Chintalwar, age 50 yrs., occu.agri., r/o Bhaktapur Tq.Degloor Dist.Nanded. ...Petitioner.. Versus 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 Deputy Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor Tq.Degloor Dist.Nanded. ...Respondents... ..... Shri P.V. Jadhavar, Advocate for petitioner. Shri K.J. Ghute Patil, AGP for respondent nos.1 & 3. Shri M.S. Deshmukh, Advocate for respondent no.2. ..... - 2 - CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 25.06.2009 ORAL JUDGMENT (Per Hardas, J.): 1] This petition takes exception to an order of the Sub Divisional Officer, Degloor, declining to issue a caste certificate to the petitioner. The petitioner challenged the order of the Sub Divisional Officer before the scrutiny committee, which also dismissed the appeal confirming the order of the Sub Divisional Officer. It is the contention of the petitioner that the Sub Divisional Officer, Degloor, had issued a caste certificate to the father of the petitioner dated 3.10.1992 and the same was produced before the Sub Divisional Officer, but is not enlisted in the order of the respondent – scrutiny committee. Obviously, there are no pleadings to that effect in the petition, however, a solemn statement is made by the learned counsel of the petitioner at the Bar on behalf of the petitioner. It is also asserted before us that the certificate granted to the father of the petitioner was also produced before the appellate authority. 2] With the assistance of the learned counsel for the parties, we have perused the said certificate, which is said to have been issued to the father of the petitioner. Normally, we would be inclined to remit the matter back to the Sub Divisional Officer for decision afresh in the light of the certificate issued to the father of the petitioner, however, in the light of the urgency, which is expressed for grant of the certificate as the admission process is about to commence, we decide this petition at this stage itself. According to us, on the strength of the certificate issued to the father of the petitioner, the petitioner was entitled to have been issued the said certificate. 3] We accordingly allow this petition and direct the Sub Divisional - 3 - Officer to issue the certificate to the petitioner as belonging to Koli Mahadeo scheduled tribe. Rule made absolute on the above terms. No order as to costs. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c2560931