1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5237 OF 2010 Prakash s/o Lalanna Biramwar, Age 18 years, Occu.Education, R/o Kundalwadi, Taluka Biloli, District Nanded .. PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS Mr.S.S.Phatale, Advocate for petitioner Mr.R.P.Phatke, Advocate for respondent No.1 Mr.S.K.Kadam, Assistant Govt.Pleader for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 18 th June 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 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 2. The petitioner, who was desirous of obtaining a certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the caste certificate issued to his father. The Sub Divisional Officer, Degloor by order dated 5.12.2009, dismissed the application filed by the petitioner on the ground that in the father’s school record the caste which was recorded as “Munnurwar”. The appeal filed by the petitioner also came to be dismissed by the order of the scrutiny committee dated 30.1.2010. 3. At the stage of inquiry to determine if the applicant belongs to the caste to which the claim is set up, the fact that the father of the applicant had been issued with the caste certificate is enough to issue caste certificate to the applicant. Since the father of the petitioner has been issued with the caste certificate and ultimately, the caste certificate would be subject to the scrutiny of the scrutiny committee, we allow this petition, quash and set aside the impugned orders and direct the respondent – Sub Divisional Officer, Degloor to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 3 4. Rule is made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE