WP/10969/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10969 OF 2010 Shankar Prabhu Balke Age 26 years, Occ. Education, R/o Biloli, Tq. Biloli, District Nanded. ..Petitioner Versus 1. The State of Maharashtra Through Secretary to Tribal Development Department, Mantralaya,Mumbai. 2.The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy.Director(R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District Nanded. ..Respondents ... Advocates appearing for : Petitioner : Shri S.M.Vibhute, Respondents 1 & 3 : Shri N.B.Patil, AGP and Respondent 2 : Shri R.P.Phatake. ... CORAM : B.R.GAVAI & R.M.BORDE, JJ. Dated : December 10, 2010 ORAL JUDGMENT ( PER B.R.GAVAI,J.) :- 1. Heard learned counsel for the respective parties. WP/10969/2010 2 2. Rule. By consent, Rule made returnable forthwith. 3. By this petition, the petitioner challenges the order dated 30.4.2010 passed by respondent no.3, thereby rejecting the application of the petitioner for grant of caste certificate and the order dated 19.6.2010 passed by respondent No.2 committee, thereby dismissing the appeal filed by the petitioner 4. The petitioner had made an application for grant of certificate that he belongs to Mahadeo Koli, which is recognised as a Scheduled Tribe which came to be rejected on the ground that the entry pertaining to the petitioner's grand-father in the field book of village Biloli is "Koli". Same has been affirmed by respondent No.2 Committee. 5. This Court in number of cases has taken a view that the para meters which are required to be taken into consideration at the stage of issuance of caste certificate are different than those which are required to be taken into consideration at the stage of considering the claim for validity. At the stage of issuance of caste certificate, what is required to be seen is that whether a candidate has made out a prima facie case or not and at the stage of considering the case of validity, a deep scrutiny is warranted. The petitioner has produced on record the caste certificate issued to his father by the competent authority. Not only that but the Circle Officer has also recommended the case of the petitioner. In that view of them matter, the WP/10969/2010 3 petitioner was entitled for issuance of the caste certificate 6. In the result, the impugned orders are quashed and set aside. Respondent No.3 is directed to issue caste certificate to the petitioner that he belongs to Mahadeo Koli - a Scheduled Tribe. However, it is made clear that we have considered the matter only on the point of view of issuance of Caste Certificate and in the event the petitioner's claim is to be considered by respondent No.2 Committee for grant of validity certificate, the same would be considered on its own merits. 7. Rule made absolute accordingly. No order as to costs. (R.M.BORDE,J.) (B.R.GAVAI, J.) ... akl