{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5185 OF 2009 Anil Narsimalu Gattuwar R/o Kundalwadi, Tq-Biloli Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy. Director (R) 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for the petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 11th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : {2} 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 the present petition, under Article 226 of the Constitution of India, the petitioner has challenged the order dated 29.04.2009 passed by the Scrutiny Committee confirming the order passed by the Sub Divisional Officer, Degloor dated 16.09.2008 by which the Sub Divisional Officer had rejected the application submitted by the petitioner seeking caste certificate claiming to be belonging to Mannerwarlu Scheduled Tribe 3. The facts, which gave rise to file the present petition may briefly be state thus- The petitioner had submitted an application before the Sub Divisional Officer, Degloor for issuance of caste certificate claiming that he belongs to Mannerwarlu Scheduled Tribe. The petitioner had submitted various documents along with the application including school leaving certificate, affidavit and extract of service book of the father of the petitioner wherein caste of the father of the petitioner is mentioned as Mannerwarlu. Along with the application, the petitioner had also produced translation of Urdu extract dated 12.08.1954 in which caste of grand father of the petitioner is mentioned as Mannerwarlu. Inspite of these {3} documents on record, the Sub Divisional Officer rejected the application submitted by the petitioner by observing that the documents produced by the petitioner are not sufficient to issue caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe. The said order came to be challenged before the Scrutiny Committee. However, the Scrutiny Committee, by observing that the order of the Sub Divisional Officer is satisfactory and the committee is in agreement with the same, rejected the appeal filed by the petitioner. The said orders are impugned in this petition. 4. Heard learned counsel for the parties and perused the documents with their assistance. 5. During the pendency of this writ petition, the petition suffered amendment by which the petitioner has brought on record caste validity certificate issued to the real sister of the petitioner on 27.04.2009. 6. Considering the documents submitted before the sub divisional officer and the caste certificate issued in favour of real sister of the petitioner, we are inclined to allow the writ petition by quashing and setting aside the impugned orders. Accordingly, the petition succeeds. The impugned orders dated 29.04.2009 passed by the Scrutiny Committee and dated 16.09.2008 passed by the Sub Divisional Officer are quashed and set aside. We hereby direct {4} the Sub Divisional Officer, Degloor to issue caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe, forthwith. 7. Needless to say that the caste certificate so issued would be subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5185-09