1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6134 OF 2010 Nitin s/o Dattatraya Darmod, Age : 19 years, Occu. Education, R/o At Post Atkur, Tq. Dharmabad ..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 S.K. Tambe, A.G.P. for respondents no.1 & 3; Mr U.S. Malte, Advocate for respondent no.2. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 2 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 petition under Article 226 of the Constitution of India takes exception to the order of the Sub-Divisional Officer, Degloor, dated 4.1.2010 and the order of the Scrutiny Committee dated 28.5.2010 dismissing the appeal filed by the petitioner. 3. It appears that the Sub-Divisional Officer, Degloor had rejected the application submitted by the petitioner for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. The petitioner being aggrieved by the order of the Sub- Divisional Officer as well as the Scrutiny Committee in appeal filed Writ Petition No.5432 of 2009 in this Court. The Division Bench of this Court, to which one of us (P.V. Hardas, J.) was a member, allowed the writ petition and had remitted the matter back to the Sub-Divisional Officer giving opportunity to the petitioner to produce additional documents. 4. Pursuant to the order of this Court, petitioner produced the caste certificate issued to his father. The Sub-Divisional Officer rejected the application of the petitioner on the ground that in the school record the caste of the father was recorded as 3 "Manurwar" and not "Mannerwarlu". According to us the aforesaid finding is unsustainable. Caste certificate has been issued to the father of the petitioner and on the strength of the said caste certificate the petitioner is entitled to be issued with the caste certificate. The question as to whether the petitioner belongs to "Mannerwarlu" - Scheduled Tribe or not would be a matter to be judged by the Scrutiny Committee when the certificate is referred for verification. 5. In that light of the matter, writ petition is allowed, impugned orders are quashed and set aside and the Sub- Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6134.10