1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.99 OF 2010 Amit s/o Baburao Borale, Age 20 years, Occu.Education, R/o Kolhe Nagar, Koyana Road, Latur, District Latur .. PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2. Schedule Tribe Caste Verification/ Scrutiny Committee, Aurangabad Division, Aurangabad 3. Sub-Divisional Officer, Latur, District Latur 4. The Tahasildar, Tahasil Office, Latur, Taluka and District Latur .. RESPONDENTS Shri S.B.Gastagar,Advocate for petitioner Shri K.G.Patil, Assistant Govt.Pleader for respondents 1, 3 and 4 Shri P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 26th March 2010 2 ORAL JUDGMENT (PER P.V.HARDAS, J.) 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. The petitioner by this petition under Article 226 of the Constitution of India impugns the order passed by the Sub Divisional Officer, Latur dated 17.8.2009 and confirmed by the Scrutiny Committee in appeal vide its order dated 27.10.2009. 3. The application filed by the petitioner came to be rejected by the Sub Divisional Officer, Latur. The petitioner had prayed therein for issuance of a caste certificate as belonging to Koli Mahadev – Scheduled Tribe. The petitioner relied upon the caste certificate issued to his father Baburao Bhimrao Borale. The Sub Divisional Office chose not to place any reliance on the said certificate on the ground that validity certificate had not been issued to any close relative. According to us at this stage of prima facie inquiry, the certificate issued to the father was enough for issuance of a caste certificate to the petitioner. In that light of the matter, the impugned orders are quashed and set aside and the petition is allowed and the respondents are directed to issue forthwith caste certificate to the petitioner as belonging to Koli Mahadev – Scheduled Tribe. 3 4. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/99.10wp)