1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5618 OF 2010 Sainath Nagorao Chunde, Age : 21 Years, Occu. : Education, R/o Biloli, Tq. Biloli, District Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Member Secretary. 2. Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri S. S. Phatale, Advocate for the Petitioner. Shri R. P. Phatake, Advocate for the Respondent No. 1. Shri K. J. Ghute Patil, A.G.P. for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties, this petition is heard finally at the stage of admission. 2. The petitioner by this petition impugns the order passed by the Sub Divisional Officer, Degloor, dated 16.04.2010 and the order passed by the Scrutiny Committee in appeal dated 28.05.2010. The application filed by the petitioner came to be rejected by these authorities below. 3. The petitioner who was desirous of obtaining a caste certificate as belonging to Koli Mahadev, scheduled tribe applied to the Sub Divisional Officer, Degloor. The petitioner relied upon the caste certificate issued to his father as well as the petitioner relied upon the several other documents. The Sub Divisional Officer, rejected the application of the petitioner on the ground that on perusal of the revenue record it transpires that the caste of the grand father of the petitioner was recorded as Koli. 4. According to us, at the stage of prima facie examination as 3 to whether a candidate has established that he or she belongs to the caste to which the claim is sought to be, the fact that the father of the candidate has been issued with a caste certificate, is enough for issuance of caste certificate to himself. The genuineness or otherwise of the claim would be decided when the certificate is referred for verification to the Scrutiny Committee. 5. In that light of the matter, therefore, this petition is allowed and impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor, is directed forthwith issue certificate to the petitioner as belonging to Koli Mahadev scheduled tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10