IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3065 OF 2009 Ku. Savita D/o Sayalu Shirshetwar, Age : Minor, Occu. Education, R/o Degloor, Taluka Degloor, District Nanded Through Natural Guardian/Father Shri Sayalu S/o Moglaji ShirshetwaR, Age : 55 years, Occu. Agri., R/o Degloor, Taluka Degloor, District Nanded ..PETITIONER VERSUS 1) The State of Maharashtra, Through it’s 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 Mr P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Kadam, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 16th JUNE, 2009. ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub-Divisional Officer, Degloor declining to issue caste certificate to the petitioner and the order of the respondent no.2 - Scrutiny Committee confirming the order passed by the Sub- Divisional Officer. In the light of the limited nature of challenge involved in this petition, we deem it appropriate to decide this petition finally. 3. We have heard Shri P.V. Jadhavar, learned Counsel for the petitioner; learned A.G.P. Shri S.K. Kadam on behalf of respondents no.1 & 3 and learned Counsel Shri M.S. Deshmukh on behalf of respondent no.2. It appears that the petitioner, who was desirous of obtaining a caste certificate had applied to the Sub- Divisional Officer, Degloor. Along with her application the petitioner had submitted validity granted to her uncle i.e. Moglaji Iranna Shirshetwar and a caste certificate granted to the real brother of the petitioner. Though the Sub-Divisional Officer in the impugned order has made a reference to both these documents, it appears that the Sub-Divisional Officer rejected the claim of the petitioner on the ground that the petitioner had to stand on her own legs and could not rely upon the validity or the caste certificate granted to her relatives. 4. With the assistance of the learned Counsel for the parties we have perused the findings of the Sub- Divisional Officer as well as the documents which had been submitted by the petitioner in support of her application. The validity certificate has been granted to the uncle of the petitioner and her real brother has been issued with a caste certificate by the Sub-Divisional Officer. In the light of these two documents, therefore, according to us the petitioner has prima facie established that the petitioner belongs to “Mannervarlu” Scheduled Tribe. In the face of this, therefore, the impugned orders are unsustainable in law and are accordingly quashed and set aside. 5. This writ petition is, therefore, allowed and the impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to “Mannervarlu” - Scheduled Tribe. Rule is made absolute on the above terms with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3065.09