1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6233 OF 2009 Raju s/o Shankarrao Thakrod, Age-31 years, Occu.Education, R/o Biloli, Tq. Biloli, District-Nanded ..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 N.N. Jadhav, AGP for respondents no.1 & 3; Mr U.S. Malte, Advocate for respondent no.2. CORAM : P.V. HARDAS AND NARESH H. PATIL, JJ DATE : 18th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 2 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard Shri S.M. Vibhute, learned Counsel for the petitioner; Shri N.N. Jadhav, learned A.G.P. on behalf of respondents no.1 & 3 and Shri U.S. Malte, learned Counsel on behalf of respondent no.2. This petition takes exception to an order of the Sub-Divisional Officer, Degloor, dated 23.3.2009 and the judgment of the appellate authority dated 27.4.2009. 3. The application submitted by the petitioner before the Sub- Divisional Officer for issuance of a certificate as belonging to "Mannerwarlu" - Scheduled Tribe came to be rejected by the Sub- Divisional Officer. In appeal, the Scrutiny Committee also declined to interfere. The petitioner placed heavy reliance upon the validity certificate issued to the real brother of the petitioner. The aforesaid document finds place as document at sr.no.7 in the order of the Sub-Divisional Officer. According to us, since the real brother of the petitioner had been granted the validity certificate, the petitioner ought to have been issued with a certificate as belonging to "Mannerwarlu" - Scheduled Tribe. The aforesaid certificate obviously would be subject to the verification by the Scrutiny Committee. 3 4. In the light of that, this writ petition succeeds and the impugned orders are quashed and set aside and the Sub- Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. ( NARESH H. PATIL ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6230.09 4