1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4560 OF 2009 Kum. Shraddha D/o Gangadharrao Kasrale, Age – minor, Occu. Education, R/o At Post Ghungrala, Ta-Naigaon (Kh.), Dist. Nanded, through natural guardian/father Shri Gangadharrao s/o Bhujangrao Kasrale, Age 42 years, Occu.Service, R/o At Post Ghungrala, Ta. Naigaon (Kh.), Dist. Nanded, at present OM Shanti Sadan, Sambhaji Nagar, Osmanabad ..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 the petitioner; Mr N.N. Jadhav, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. 2 CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 16TH JULY, 2009 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This is a petition under Article 226 of the Constitution of India by which the petitioner seeks for quashing of the order of the Sub-Divisional Officer, Degloor dated 28.1.2009 and the order passed in appeal by the respondent – Scrutiny Committee, dated 30.3.2009. 3. It appears that the petitioner was desirous of obtaining a certificate as belonging to “Mannerwarlu” - Scheduled Tribe, submitted the necessary application before the Sub-Divisional Officer, Degloor. The petitioner enclosed the copy of the validity certificate granted to the father of the petitioner. The petitioner also placed other documents on record. The Sub-Divisional Officer, however, came to the conclusion that merely because a member of the family had been granted validity certificate, that would not entitle the petitioner to obtain the necessary certificate. The test laid down by the Sub-Divisional Officer obviously pertains to the exercise of discretion by the Scrutiny Committee while evaluating 3 the validity certificate. A validity certificate granted to a relative particularly to a father of the applicant is a strong piece of evidence having great persuasive value and wait. In the prima facie inquiry which is required to be conducted by the Sub- Divisional Officer, according to us the validity certificate granted to the father of the applicant would entitle the applicant to be issued with a certificate as belonging to “Mannerwarlu” - Scheduled Tribe. 4. In the light of that, therefore, this petition succeeds. The impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe. 5. Rule is made absolute on the above terms with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp4560.09 4