1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3436 OF 2010 Khanderao Hanmantrao Khanderay, Age : 36 years, Occ. Nil, R/o At Post Biloli, Tq. Biloli, Dist. Nanded ..PETITIONER VERSUS 1. Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary ..RESPONDENTS Mr S.S. Phatale, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondent no.1; Mr U.S. Malte, Advocate for respodnent no.2. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 8th June, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 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. This petition impugns the order passed by the Sub- Divisional Officer, Degloor dated 9.10.2009 and the order passed by the Scrutiny Committee in appeal, dated 24.12.2009 rejecting the application submitted by the petitioner for issuance of a caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe. 3. The petitioner, in order to support his claim as belonging to "Koli Mahadev" - Scheduled Tribe, relied upon several documents of which were two documents relating to the uncles of the petitioner. Shri Phatale, learned Counsel for the petitioner has invited our attention to the order passed by the Scrutiny Committee in appeal, dated 21.7.2009. According to the learned Counsel for the petitioner the appeal filed by the real brother of the petitioner came to be allowed and the real brother of the petitioner was issued with a certificate as belonging to "Koli Mahadev" - Scheduled Tribe. Similarly our attention has also been invited to the order of the Scrutiny Committee in appeal, dated 21.7.2009 by which the appeal filed by the son of the petitioner came to be allowed. In that light of the matter, therefore, according to us the petitioner cannot be refused the certificate as belonging to "Koli Mahadev" - Scheduled Tribe. 4. We accordingly allow this petition, quash and set aside the impugned orders and direct the Sub-Divisional Officer to forthwith 3 issue caste certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 5. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3436.10