1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4079 OF 2010 MAROTI ARJUNRAO KHANDERAI Age : 20 YEARS, OCCU.EDUCATION, R/O BILOLI TQ. BILOLI DIST NANDED .. PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA THROUGH SECRETARY TO TRIBAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI 2. THE SCHEDULE TRIBE CASTE CERTIFICATE VERIFICATION COMMITTEE AURANGABAD. THROUGH ITS DY.DIRECTOR (R), AURANGABAD 3. THE SUB-DIVISIONAL OFFICER DEGLOOR, DIST. NANDED ..RESPONDENTS Mr.S.S.Phatale, Advocate holding for Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 3 Mr.P.S.Patil, Advocate holding for Mr.R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 4th May 2010 ORAL JUDGMENT (PER S.V.GANGAPURWALA J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is taken up for final hearing at the stage of admission. 2 2. By the present petition under Article 226 of Constitution of India, the petitioner takes exception to the order dated 10.12.2009 passed by the Sub Divisional Officer, Degloor and the order dated 31.1.2010 passed by the Scrutiny Committee, Aurangabad in appeal thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to Koli Mahadev – Scheduled Tribe. 3. The petitioner along with his application had submitted caste certificate issued in favour of his father. The Sub Divisional Officer did not take into consideration the said evidence but solely on the ground that in the record of his grandfather, the caste is mentioned as “Koli” has rejected the application of the petitioner. 4. At this prima facie stage the evidence in the shape of the caste certificate issued in favour of his father was a sufficient evidence for issuance of the caste certificate to the petitioner. 5. In the light of the above, we allow this petition, quash and set aside the impugned orders passed by the authorities and direct the Sub Divisional Officer, Degloor to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 3 6. Rule made absolute on above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/4079.2010wp)