1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3647 OF 2009 Narsimalu s/o Shankar Biramwar, Age : 19 years, Occu.Education, R/o Kundalwadi, 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 M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 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. The petitioner who was desirous of obtaining a tribe certificate as belonging to “Mannerwarlu” - Scheduled Tribe applied to the Sub-Divisional Officer, Degloor and submitted various documents, one of which is a validity certificate granted to the cousin of the petitioner’s father i.e. the uncle of the present petitioner. The aforesaid document is at sr.no.7 in the order of the Sub-Divisional Officer. The Sub- Divisional Officer refused to issue certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe on the grounds (i) that mere grant of a validity certificate to a relative of the petitioner’s family would not per se entitle the petitioner for issuance of a caste certificate. The second reason given by the Sub-Divisional Officer was that the petitioner had failed to produce documentary evidence in respect of the recording of the caste prior to 1950. The petitioner challenged the aforesaid order of the Sub- Divisional Officer before the respondent Scrutiny Committee, which by its order dated 27.4.2009 allowed the appeal and remitted the matter back for fresh consideration. In the light of the fact that the petitioner urgently requires a certificate for admission to the various educational courses, this petition is entertained by us, though normally this Court would be loath to entertain any petitions 3 wherein order of remand is subject-matter of challenge. 3. According to us, prima facie the petitioner has been able to establish his entitlement to receive a certificate as belonging to “Mannerwarlu” - Scheduled Tribe as the tribe certificate of the uncle of the petitioner has been validated by the Scrutiny Committee. The petitioner has produced the genealogy and on the basis of the genealogy the petitioner has been able to establish that Gangadhar Babanna Biramwar is his father’s cousin and is the uncle of the petitioner. In the light of that, therefore, the petition is allowed and impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue a caste 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. Learned A.G.P. undertakes to communicate this judgment to the Sub-Divisional Officer, Degloor. Copy of this judgment duly authenticated by Sheristedar of this Court be issued to the learned Counsel for the petitioner to act upon. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ]