1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3762 OF 2010 Kum.Narmada d/o Ashokrao Aakulwar, Age 20 years, Occu.Education, R/o At Post Daregaon, taluka Deglor, District Nanded ..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 Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 & 3 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 6th 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 heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner takes exception to the order dated 21.102008, passed by the Sub Divisional Officer, Degloor and the order dated 30.3.2009 passed by the Scrutiny Committee, Aurangabad in appeal thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. 3. The petitioner along with her application had submitted various documents supporting her claim. Along with her application he also submitted validity certificate issued in favour of her real sister. The Sub Divisional Officer discarded the said validity certificate on the ground that there is difference in the surname. The petitioner has substantiated the same by producing the copy of the gazette. The other reason given by the Sub Divisional Officer is that in the other documents, the caste of the grandfather of the petitioner is shown as “Munnurwar”. 4. In the light of the fact that the validity certificate has been issued in favour of real sister of the petitioner, the petitioner has made out a prima facie case for issuance of a caste certificate. 5. In the light of the above, we allow this petition, quash and set aside the impugned orders passed by the Sub Divisional 3 Officer, Degloor and the Scrutiny Committee, Aurangabad and direct the Sub Divisional Officer, Degloor to forthwith issue the caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule made absolute on the above terms with no orders as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/3762.10wp)