1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4197 OF 2009 Pratap s/o Siddheswar Khot, Age : Minor, Occu.Education, R/o Tambri Vibhag, Osmanabad, Tq. & Dist. Osmanabad, Through Natural Guardian/Father Siddheshwar s/o Hariba Khot, Age : 42 years, Occu.Service, R/o Tambri Vibhag, Osmanabad, Tq. & Dist. Osmanabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through it’s Secretary, Tribal Development Department, Mantralaya, Mumbai-32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad 3. The Sub-Divisional Officer, Osmanabad, Tq. Osmanabad, Dist. Osmanabad ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Kadam, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. 2 CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 7TH JULY, 2009 ORAL JUDGMENT: [PER R.K. DESHPANDE, J.] Rule. Rule returnable forthwith. Learned AGP waives notice for respondents no.1 & 3 and learned Counsel Mr M.S. Deshmukh waives notice for respondent no.2. 2. This petition challenges order dated 30.3.2009 passed by respondent no.2 Scrutiny Committee rejecting the appeal filed by the petitioner challenging order dated 15.12.2008 passed by respondent no.3 Sub- Divisional Officer rejecting the claim of the petitioner for issuance of tribe certificate for “Koli Mahadev” - Scheduled Tribe. The petitioner produced caste certificate dated 29.11.1990 issued in the name of his father certifying that he belongs to “Koli Mahadev”. Respondent no.3, however, rejected the claim on the ground that the petitioner has not produced the documents pertaining to his grandfather in support of his caste claim. The Scrutiny Committee rejected the appeal filed by the petitioner and confirmed the order. 3. The caste certificate produced by the petitioner which has been issued in the name of the father of the petitioner indicating his caste as Koli Mahadev, in 3 our opinion, is sufficient to prima facie establish his claim for issuance of caste certificate. There is no finding by the respondent no.3 Sub Divisional Officer, that the caste certificate of father has been invalidated by the Scrutiny Committee. 4. Hence the petition needs to be allowed. The orders passed by authorities below, impugned in this petition, are quashed and set aside. The respondent no.3 – Sub Divisional Officer is directed to forthwith issue caste certificate in the name of petitioner, showing his caste as “Koli Mahadev”. Rule is made absolute in the aforesaid terms. No order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] 4