1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2990 OF 2010 Laxman S/o Nagnath Akulwar, Age 19 years, Occu. Education, R/o Tamloor, Tq. Degloor, Dist. Nanded .. PETITIONER. VERSUS 1) Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member. 2) Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded. RESPONDENTS. ... Shri S.S. Phatale, Advocate for Petitioner. Shri P.S. Patil, Advocate for respondent No. 1. Shri K.J. Ghute Patil, A.G.P. for respondent No. 2. CORAM :- P.V. HARDAS AND S.V. GANGAPURWALA, JJ. DATE : 3rd MAY, 2010. JUDGMENT: (Per S.V. GANGAPURWALA,J.) 1. Rule. Rule returnable forthwith. With the consent of the learned counsels for the 2 parties, the petition is taken up for final hearing at the stage of admission. 2. By this petition under article 226 of the Constitution of India, the petitioner takes exception to the order dated 09/10/2009 passed by the Sub Divisional Officer, Degloor and the order of the Scrutiny Committee dated 31/12/2009 in appeal, thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to ‘Mannerwarlu-Scheduled Tribe’. 3. The petitioner along with his application had submitted the validity certificate issued in favour of his cousin brother amongst the other evidence. The Sub Divisional Officer, Degloor did not choose to place reliance upon the said documents but solely on the ground that documents produced are of recent origin, rejected the application. We have also perused the genealogy, according to us petitioner has been successful in establishing the relationship with the validity holder. At this prima facie stage, according to us this 3 material was sufficient for issuance of caste certificate. 4. Accordingly, the Writ Petition is allowed, the impugned orders are quashed and set aside. The respondent No. 2 is hereby directed to forthwith issue the caste certificate to the petitioner as belonging to ‘Mannerwarlu-Scheduled Tribe’. 5. Rule is thus made absolute in the above terms with no order as to costs. [S.V. GANGAPURWALA, J ] [ P.V. HARDAS, J ] SDM* WP2990.10(J) 4