1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3221 OF 2010 Yogesh Ulhas Kongalwar, Age 17 years, Occu.Education, Through his natural guardian, i.e. Father Shri Ulhas Mashnaji Kongalwar, Age 45 years, Occu.Service, R/o Degloor, Taluka Degloor, District Nanded .. PETITIONER VERUSS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Member Secretary. 2. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS Shri S.S.Phatale, Advocate for petitioner Shri R.P.Phatke, Advocate for respondent No.1 Shri S.V.Kurundkar, Addl.Govt.Pleader for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 16th April, 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. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub Divisional 2 Officer, Degloor dated 25.9.2009 and confirmed by the Scrutiny Committee in appeal by order dated 23.11.2009. 3. The petitioner who was desirous of obtaining caste certificate as belonging to Mannerwarlu - Scheduled Tribe submitted an application through his father to the Sub Divisional Officer, Degloor. The petitioner relied upon several documents one of which was the caste certificate issued to the father of the petitioner. Since the father of the petitioner has been issued with the caste certificate, we see no reason as to why this child should not be issued with the caste certificate. 4. Accordingly, this writ petition is 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 Mannerwarlu – Scheduled Tribe. 5. Rule is thus made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3221.10wp)