1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4134 OF 2010 Sachin s/o Balaji Bhutte, Age minor, Occu. Education, through father namely Balaji s/o Digambar Bhutte, Age 38 years, Occu. Agri., R/o Barbada, Tq. Naigaon, District Nanded. ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal, Development Department, Mantralaya, Mumbai - 32. (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, Tq. Degloor, District Nanded. ... RESPONDENTS ..... Shri P.V. Jadhavar, Advocate for the petitioner Shri S.K. Tambe, A.G.P. for respondent Nos.1 and 3 Mrs. Sarika Deshpande, Advocate holding for Shri R.P. Phatke, Advocate for respondent No.2. ..... 2 CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 18th August, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. Rule. Rule made returnable forthwith. With the consent of 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 challenges the order passed by the Sub-Divisional Officer, dated 9.7.2009, rejecting the application of the petitioner and the order passed by the Scrutiny Committee in appeal, dated 27.10.2009, dismissing the appeal filed by the petitioner. The petitioner, who was desirous of obtaining a caste certificate as belonging to Mannerwarlu - Scheduled Tribe, submitted an application before the Sub-Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to the third cousin of the petitioner. The petitioner had produced the affidavit as well as the genealogy before the Sub-Divisional Officer. The Sub-Divisional Officer rejected the application of the petitioner on the ground that the caste of grandfather 3 of the petitioner was recorded as Manurwar in the revenue record. 3. According to us, since validity certificate has been issued to the third cousin of the petitioner, the petitioner is entitled to be issued with the caste certificate. We accordingly allow this petition and quash and set aside the impugned orders, and direct the Sub- Divisional Officer to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu - Scheduled Tribe. 4. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)