1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4238 OF 2009 Kum.Mayuri Gangadhar Biramwar, Age 15 years (minor) Occu.Education, through guardian next friend, i.e her Maternal brother : Madhav Laxman Gaddapod, Age years, Occu.Service, R/o Kundalwadi, Taluka Biloli, District Nanded .. Petitioner Versus 1. The State of Maharashtra through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Member Secretary 3. The Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded .. Respondents Shri P.B.Gapat, Advocate for petitioner Shri K.J.Ghute Patil, AGP for respondent Nos.1 and 3 Shri M.S.Deshmukh, Advocate for respondent No.2 CORAM : P.V.HARDAS AND R.K.DESHPANDE, JJ DATE : 8th JULY 2009 2 ORAL JUDGMENT [ PER R.K.DESHPANDE , 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. Learned Assistant Government Pleader accepts notice for respondent Nos.1 and 3 and Shri M.S.Deshmukh, learned Counsel accepts notice on behalf of respondent No.2. 2. This petition challenges order dated 13.4.2009 passed by the respondent No.3 – Sub Divisional Officer, Degloor rejecting the claim of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. The petition also challenges the order dated 30.4.2009 passed by the Scrutiny Committee dismissing the appeal filed by the petitioner challenging the order passed by Sub Divisional Officer, Degloor. 3. Before the Sub Divisional Officer, Degloor, the petitioner produced caste certificate issued in the name of the father of the petitioner by the competent authority showing that he belongs to Mannerwarlu-Scheduled Tribe. The said document is at Serial No. 6 in the order of the Sub Divisional Officer. The petitioner also produced caste validity certificate issued in the name of her second cousin by name Gangadhar Naganna Biramwar alongwith 3 the affidavit of the said person showing genealogy and relationship. The Sub Divisional Officer rejected the claim of the petitioner for issuance of caste certificate on the ground that the documents produced by the petitioner pertain to recent past. Similarly, the Sub Divisional Officer also recorded a finding that merely because caste claim of the family member has been verified could not be itself the foundation for validation of the candidate’s claim. Each claimant has to stand on his own legs. The Scrutiny Committee confirmed the said findings. 4. After hearing the learned Counsel for the petitioner as well as the respondents, we are satisfied that the caste certificate produced by the petitioner issued in the name of her father indicating his caste as Mannerwarlu-Scheduled Tribe and the validity certificate issued in the name of second cousin of the petitioner are sufficient documents to prima facie establish the claim for issuance of caste certificate. The Sub Divisional Officer has applied the test for rejecting the claim of the petitioner which can only be applied at the time of scrutiny and verification of the caste certificate of the petitioner. In view of this, the instant petition must succeed. 5. Accordingly, this petition is allowed and the orders impugned in this petition are hereby quashed and set aside and 4 the respondent No.3 – Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule is thus made absolute on the terms indicated above with no order as to costs. ( R.K.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4238.09wp 5