1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6293 OF 2010 Akash s/o Sureshrao Dubbalwar, Age minor, Occu.Education, R/o Degloor Taluka Degloor, District Nanded Through father/natural guardian, Shri Suresh s/o Gangaram Dubbalwar, Age 40 years, Occu.Agri., R/o as above .. 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 petitioner Mrs.A.V.Gondhalekar, Assistant Government Pleader for respondents 1 to 3 Mr.R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 16th July 2010 2 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. By this petition under Article 226 of the Constitution of India, the petitioner takes except to the order of the Sub Divisional Officer, Degloor dated 9.12.2009 and the order passed by the Scrutiny Committee in appeal dated 30.1.2010, dismissing the appeal filed by the petitioner. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to Koli Mahadev – 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 rejected the application of the petitioner on the ground that perusal of the revenue record showed that the caste of grandfather of the petitioner was recorded as “Koli”. The appeal filed by the petitioner also came to be dismissed. 4. Since the father of the petitioner has been issued with a certificate as belonging to Koli Mahadev – Scheduled Tribe, according to us, the petitioner also ought to have been issued 3 with a certificate. In that light of the matter, therefore, we allow this petition, quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6293.10wp)