1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5657 OF 2010 Balaji S/o Kisanrao Wantewad, Age : Minor, Occu. : Education, Through Natural Guardian/Father, Kisanrao S/o Vithalrao Wantewad, Age : 56 Years, Occu. : Agricultural, R/o Watfali, Tq. Himayatnagar, District 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, Through its Deputy Director (R), Aurangabad. 3. Sub Divisional Officer, Kinwat, Tq. Kinwat, Dist. Nanded. .. .. Respondents Shri P. V. Jadhavar, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for the Respondent Nos. 1 and 3. Shri U. S. Malte, Advocate for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. ORAL ORDER [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for 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 of the Sub Divisional Officer, Kinwat, dated 15.03.2010 rejecting the application of the petitioner and the order passed by the Scrutiny Committee in appeal dated 29.04.2010 dismissing the appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining the caste certificate as belonging to Koli Mahadev, Scheduled Tribe, applied to the Sub Divisional Officer, Kinwat. The petitioner placed reliance upon the caste certificate issued to his father. The Sub Divisional Officer, Kinwat rejected the application on the ground that merely because one of the family members had been 3 granted certificate would not be a ground for issuance of caste certificate to the petitioner. Reliance placed upon the aforesaid observations of the Division Bench of this Court are completely misplaced. The aforesaid observations were made in the application of the verification proceeding before the Scrutiny Committee. At the stage of preliminary enquiry the fact that father of the petitioner had been issued with the certificate was sufficient for issuance of certificate to the petitioner. 4. Accordingly this petition is allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Kinwat is directed to forthwith issue caste certificate to the petitioner. 5. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10