( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 2906 OF 2010 Varsharani d/o Rupchand Koli, Age : 23 years, Occu. Education, R/o at post Ter, Taluka and District Osmanabad. PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Osmanabad, Tq. Osmanabad, District Osmanabad. RESPONDENTS ..... Mr. P.V. Jadhavar, advocate for the petitioner. Mr. S.K. Tambe, A.G.P. for respondents No. 1 and 3. Mr. P.S. Patil, advocate for the respondent No.2. ..... [CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ.] [DATE : 7th April, 2010] ( 2 ) ORAL JUDGEMENT (PER : P.V. HARDAS, J.) : 1. Rule. Rule made 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 impugns the order passed by the Sub-Divisional Officer, Osmanabad, dated 13th August, 2009 and confirmed in appeal by the Scrutiny Committee by its order dated 30th January, 2010. By virtue of the aforesaid impugned orders, the application of the petitioner seeking issuance of certificate as belonging to “Koli Mahadeo” Scheduled Tribe came to be rejected. 3. In support of her plea as belonging to “Koli Mahadeo” Scheduled Tribe, the petitioner tendered various documents. The document on which the petitioner principally relied upon was the caste certificate issued to her father. The respondents chose not to rely on the said certificate and dismissed the application of the ( 3 ) petitioner. According to us, in the face of the issuance of a caste certificate to the father of the petitioner, the impugned orders are unsustainable in law and deserve to be quashed and set aside. 4. Accordingly, this writ petition is allowed and the impugned orders are hereby quashed and set aside and the respondents are directed to forthwith issue caste certificate to the petitioner as belonging to “Koli Mahadeo Scheduled Tribe”. Rule is thus made absolute on the above terms with no order as to costs. [ S.V. GANGAPURWALA ] [ P.V. HARDAS ] JUDGE JUDGE NPJ/wp2906-10