- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3550/2009 Gajanan s/p Shivajirao Punjalwad, age 25 yrs., occu.education r/o Chandola Tq.Mukhed Dist.Nanded. ...Petitioner.. Versus 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. Through its Deputy Director (R), Aurangabad. 3. The Deputy Collector, E.G.S., Nanded Dist.Nanded. ...Respondents... ..... Shri P.V. Jadhavar, Advocate for petitioner. Shri K.G. Patil, AGP for respondent nos.1 & 3. Shri M.S. Deshmukh, Advocate for respondent no.2. ..... - 2 - CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 25.06.2009 ORAL JUDGMENT (Per Hardas, J.): 1] Rule. Rule made returnable forthwith. With the consent of the 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 Officer, Nanded, rejecting the application of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu scheduled tribe as also the order passed by the scrutiny committee in appeal dismissing the appeal and confirming the order of the Sub Divisional Officer. 3] With the assistance of the learned counsel for the parties, we have perused the documents submitted by the petitioner alongwith his application. The petitioner heavily relied upon the document no.9, which is a validity certificate, issued to one Sainath Mahadu Punjarwad, who is said to be the uncle of the petitioner. Alongwith the validity certificate, the petitioner had also produced the genealogy, which clearly establishes relationship of the petitioner with the said validity certificate holder. In the light of the said document, therefore, we are of the considered opinion that a caste certificate ought to have been issued to the petitioner. 4] In the light of that, therefore, this petition is allowed. Impugned orders are hereby quashed and set aside and the Sub Divisional Officer, Nanded, is directed to forthwith issue certificate to the petitioner as - 3 - belonging to Mannerwarlu scheduled tribe. Rule made absolute on the above terms. No order as to costs. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c2560923