1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2038 OF 2010 Balaji s/o Shankarrao Jakkewad, Age minor, Occu.Education, R/o At Post Ghungrala Tq.Naigaon (Kh), District Nanded, through father and natural guardian Shri Shankar s/o Mahajan Jakkewad, Age 40 years, Occu.Service, 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 K.J.Ghute 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 26.10.2009 dismissing the appeal filed by the petitioner. 3. The petitioner being desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application through his father before the Sub Divisional Officer, Degloor. Along with the application, the petitioner annexed several documents, which included the caste certificate issued to the father of the petitioner as belonging to Mannerwarlu – Scheduled Tribe. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that the caste of the father of the petitioner was recorded as “Munnurwar” in the school registers. 4. According to us the application of the petitioner ought to have been allowed on the ground that the father of the petitioner has been issued with the caste certificate. Unless and until that caste certificate has been set aside or cancelled, the petitioner was entitled to be 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 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/2038.10wp)