1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4055 OF 2009 Khalil Khan s/o Habeeb Khan Tadvi Pathan, Age : 30 years, Occupation : Unemployed, Resident of Karim colony, Roshangate, Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Social Welfare Department, Mantralaya, Mumbai-400 032 2. The Sub-Divisional Officer, Aurangabad 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad ..RESPONDENTS Mr Mrs A.N. Ansari, Advocate for the petitioner; Mr K.J. Ghute Patil, AGP for respondents no.1 & 2; Mr M.S. Deshmukh, Advocate for respondent no.3. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 1ST JULY, 2009 ORAL JUDGMENT: [PER R.K. DESHPANDE, J.] 2 Rule. Rule returnable forthwith. Learned A.G.P. Shri K.J. Ghute Patili waives notice for respondents no.1 & 2 and Shri M.S. Deshmukh, learned Counsel for respondent no.2. Heard by consent of parties. 2. By this petition under Article 226 of the Constitution of India the petitioner takes exception to an order passed by the Sub-Divisional Officer, Aurangabad and the order of the respondent – Scrutiny Committee in appeal dismissing the appeal filed by the petitioner. 3. Since the petitioner was desirous of obtaining caste certificate as belonging to “Tadvi” - Scheduled Tribe, the petitioner submitted his application to the Sub-Divisional Officer. The petitioner has produced before the Sub-Divisional Officer caste certificates of his real brothers Sattarkhan Habibkhan, Ayyubkhan Habibkhan and Jahidkhan Habibkhan. The petitioner has also produced caste certificate issued in favour of the father of the petitioner Shri Habibkhan. The Sub- Divisional Officer rejected the claim of the petitioner for issuance of caste certificate on the ground that the caste certificate of the father of the petitioner has not been validated. The said order has also been confirmed by the Scrutiny Committee in appeal. 4. In view of the caste certificates produced by the petitioner showing his brothers as belonging to 3 “Tadvi” - Scheduled Tribe category, the petitioner has prima facie established his claim for issuance of caste certificate. Hence the petition needs to be allowed with a direction to the respondent Sub Divisional Officer to forthwith issue caste certificate in favour of the petitioner showing that he belongs to “Tadvi” - Scheduled Tribe category. Rule made absolute with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp4055.09 4