1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4316 OF 2010 Ram S/o Anantrao Rejitwad, Age : 20 Years, Occu. : Education, R/o at post Naigaon, Tq. Naigaon, District Nanded. .. .. Petitioner Versus 1. The State of Maharashtra, Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai - 32. 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. Through its Deputy Director (R) Aurangabad. 3. The Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri Pratap V. Jadhavar, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 and 3. Shri P. S. Patil, Standing Counsel for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. 2 DATE : 29TH JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India takes exception to the order passed by the Sub Divisional Officer, Degloor, rejecting application of the petitioner on the ground that the revenue record disclosed that caste of the grand father of the petitioner was recorded as Koli. The appeal filed by the petitioner before the Scrutiny Committee also came to be dismissed. 3. The petitioner who was desirous of obtaining caste certificate as belonging to "Koli Mahadev" Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to his second cousin from the paternal side. The Sub Divisional Officer for the reasons adverted to above dismissed the application. The appeal filed by the petitioner also came to be 3 dismissed. 4. We had issued notice to respondents calling upon the respondents to ascertain the genuineness of the genealogy which was produced by the petitioner. The learned Assistant Government Pleader states on instructions that upon enquiry, it transpires that Rejitwad Balaji Hanmantrao is second cousin of the petitioner from the paternal side. If that be the case, according to us, the petitioner is entitled to be issued with the caste certificate as belonging to "Koli Mahadev" Scheduled Tribe. 5. Resultantly this petition is allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue the certificate to the petitioner of belonging to "Koli Mahadev" Scheduled Tribe. 6. Rule is made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10