1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5351 OF 2010 Kedar s/o Onkar Swami, (Through Guardian) Onkar s/o Panchakshari Swami, Age : 57 years, Occu. Service, R/o Shivaji Society, Tq. Udgir, Dist. Latur ..PETITIONER VERSUS 1. The State of Maharashtra, (Through the Secretary, Secretary Social Welfare Department, Mumbai) 2. The Schedule Caste, Vimukta Jati, Nomadic Tribe, Other Backward and Special Backward Category Divisional Caste Certificate Verification Committee (Through its Secretary) And Divisional Social Welfare Officer, Aurangabad Division - 3 and Special District Welfare Officer, Latur 3. The Sub-Divisional Magistrate, Tq. Udgir, Dist Latur 4. The Director, Medical Education & Research, 4th Floor, St. George Hospital Compound, Mumbai G.P.O. (Fort), Near V.T. Dist. Mumbai 2 5. The Competent Authority, Association of Management of Unaided Private Medical and Dental College (AMUPMDC), Shreeji House, 75 Mint Road, Fort, Mumbai 400001 ..RESPONDENTS Mr V.D. Salunke, Advocate holding for Mr M.C. Swami for the petitioner; Mr K. J. Ghute Patil, A.G.P. for respondents no.1 to 4; Respondent no.5 served. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 30th 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. By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the order of the Sub-Divisional Officer, Udgir, dated 14.8.2008 and the order of the Scrutiny Committee in appeal, dated 26.5.2010. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to "Beda Jangam" - Scheduled Caste, submitted an application before the Sub-Divisional Officer, Udgir. 3 The petitioner relied upon the caste certificate issued to his father as well as caste certificate issued to his uncle and a validity certificate issued to his real brother Nitin Onkar Swami. The Sub- Divisional Officer observed that the petitioner had not tendered the genealogy and, therefore, the relationship was not established and accordingly dismissed the application. The appellate authority in appeal following suit also dismissed the appeal filed by the petitioner. 4. Since the father of the petitioner has been issued with a caste certificate by a competent authority who was then competent to issue the caste certificate and the fact that the real brother of the petitioner has been issued with the validity certificate, according to us the petitioner ought to have been issued with the certificate as belonging to "Beda Jangam" - Scheduled Caste. 5. In that light of the matter, this petition is allowed and the impugned orders are quashed and set aside and the Sub- Divisional Officer, Udgir is directed to forthwith issue caste certificate to the petitioner as belonging to "Beda Jangam" - Scheduled Caste. 6. Since the petitioner is required to submit the form for 4 admission to the medical course and today being the last day and in the light of the fact that we have allowed the petition and have directed the Sub-Divisional Officer, Udgir to issue caste certificate to the petitioner, we direct respondents no.4 & 5 to accept the form of the petitioner as a candidate belonging to Scheduled Caste category without insisting on production of a caste certificate. Learned Counsel for the petitioner has undertaken that the petitioner would produce the certificate within fifteen days before the competent authorities. 7. Rule is thus made absolute on the above terms with no order as to costs. 8. Copy of this judgment duly authenticated by Sheristedar of this Court be provided to the learned Counsel for the parties to act upon. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5351.10