1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2036 OF 2010 Saraswati d/o Hanmanlu Niradi, Age 19 years, Occu.Education, R/o At Post Kundalwadi, Tq.Biloli, District 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 Shri S.M.Vibhute, Advocate for petitioner Shri K.G.Patil,Assistant Govt.Pleader for respondents 1 & 3 Shri R.P.Phatke, 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 prays for issuance of a writ to respondents for quashing and setting aside the order of the Sub Divisional Officer, dated 9.7.2009 and the order passed by the respondent – scrutiny committee in appeal, dated 27.10.2009 dismissing the appeal filed by the petitioner. 3. The petitioner being desirous of obtaining a caste certificate as belonging to Koli Mahadev – Scheduled Tribe, submitted an application to the Sub Divisional Officer, Degloor for issuance of caste certificate. Along with the application, the petitioner annexed several documents, which included the caste certificate issued to the father of the petitioner. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that the evidence was of recent origin. 4. The caste certificate to the father of the petitioner came to be issued on 17.7.1982. Obviously, while issuing the caste certificate to the father of the petitioner all the necessary documents must have been scrutinized. According to us, there was no reason for rejecting the application of the petitioner as the father of the petitioner had been issued with the caste certificate. 3 5. In that light of the matter, therefore, we allow this writ petition and quash and set aside the impugned orders and direct the respondents to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadev – 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/2036.10wp)