1 WP 2088.2010 - ( J ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2088 OF 2010 Akshay S/o Hanmantrao Ungratwar Age : Minor, Occ. Education, R/o : At Post Degloor, Tq. Degloor, District : Nanded, Through guardian being natural guardians i.e. father and mother of the petitioner are dead, Vyankat S/o Narsingrao Padalwar Age : 45 Yrs., Occ. Agril., R/o : Eklara, Tq.Mukhed, District : Nanded, .... PETITIONER V E R S U S 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. 2 WP 2088.2010 - ( J ) 3. The Sub Divisional Officer, Degloor, District : Nanded. .... RESPONDENTS -------------------------------------------------------------------------------------------------------- Mr. S.M.Vibhute, Advocate for the petitioner. Mr. V.D.Godbharle, Asstt. Govt. Pleader for State. Mr. R.P.Phatke, Advocate for Respondent No. 2. -------------------------------------------------------------------------------------------------------- CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE OF JUDGMENT : 27/01/2011 ORAL JUDGMENT : [ PER – S.V. GANGAPURWALA, J. ] 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The petitioner had applied for issuance of Caste Certificate as belonging to “ Mannerwarlu, Scheduled Tribe ”. The Sub Divisional Officer, Degloor [ For short, ‘ S.D.O. ’ ] rejected the application. The petitioner preferred Appeal. The Scrutiny Committee also dismissed Appeal confirming the judgment of the S.D.O. Being aggrieved by the same, the petitioner has approached this Court by filing present Writ Petition. 3. Mr. Vibhute, learned counsel for the petitioner submits that the record of the petitioner showing the case as “ Mannerwarlu, Scheduled Tribe ” is consistent, so also his father has been issued the Caste Certificate 3 WP 2088.2010 - ( J ) as belonging to “ Mannerwarlu ” caste. Even the validity certificate has been issued in favour of the cousin brother of the petitioner. In such circumstances, the application of the petitioner for issuance of Caste Certificate as belonging to “ Mannerwarlu, Scheduled Tribe ” should have been allowed. 4. Mr. Phatke, learned counsel for respondent no. 2 – Committee supports the Judgment passed by the authorities and state that there was no clinching evidence to issue such caste certificate. 5. At the time of issuance of Caste Certificate, detail enquiry and investigation is not contemplated. The same has to be done if the certificate is sent for verification. 6. In the present case, the father has been issued the caste certificate as belonging to “ Mannerwarlu, Scheduled Tribe ”. It would be a paradox if the father is issued the caste certificate as belonging to “ Mannerwarlu, Scheduled Tribe ” and the son is refused the same. 7. In light of the above, we allow the Writ Petition and direct the S.D.O., Degloor to forthwith issue the Caste Certificate to the petitioner as belonging to “ Mannerwarlu ” caste. 4 WP 2088.2010 - ( J ) 8. Rule is accordingly made absolute, however with no order as to costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 2088.2010