1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4336 OF 2010 BHAGWAN GANGADHAR PALLEWAD, Age : 27 YEARS, OCCU. EDUCATION, R/O LALWANDI, TQ NAIGAON (KH), 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 Mr S.M. Vibhute, Advocate for the petitioner; Mr S.K. Kadam,A.G.P. for respondents no.1 & 3; Mr R.P. Phatke, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 6th May, 2010 2 ORAL JUDGMENT [ PER GANGAPURWALA , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the petition is taken up for final hearing at the stage of admission. 2. By the present petition the petitioner takes exception to the order dated 14.7.2009 passed by the Sub-Divisional Officer, Degloor and the order dated 27.10.2009 passed by the respondent - Scrutiny Committee in appeal thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. 3. The reason given by the Sub-Divisional Officer while rejecting the application of the petitioner is that in the record the caste of the grandfather of the petitioner is recorded as "Manurwar". On this sole ground the application of the petitioner has been rejected. The Sub-Divisional Officer has ignored the evidence in the shape of caste certificate issued in favour of the real brother of the petitioner. At this stage, the said evidence sufficient for issuance of the caste certificate in favour of the petitioner. 3 4. In view of above, we set aside the impugned orders passed by the authorities below and direct the Sub-Divisional Officer, Degloor to issue the caste certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe forthwith. 5. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4336.10