1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7238 OF 2010 Balaji s/o Shankarrao Paidakulwar Age 19 years, Occ. Education, R/o Davegaon Road, Degloor, Tq. Degloor, District Nanded. ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai – 32. 2. Scheduled Tribe Caste Verification/ Scrutiny Committee, Aurangabad Division, Aurangabad 3. Sub-Divisional Officer, Degloor, District Nanded. 4. The Tahsildar, Tahsil Office, Degloor, Tq. Degloor, District Nanded. ... RESPONDENTS (Notices/Copies of respondent No.1, 3 and 4 be served through office of Govt. Pleader, High Court of Bombay, Bench at Aurangabad Copy of respondent No.2 be served through Standing Counsel for Scheduled Tribe caste Scrutiny Committee, Aurangabad) ..... Shri S.B. Gastagar, Advocate for the petitioner Shri S.K. Tambe, A.G.P. for respondent Nos.1, 3 and 4 Shri P.S. Patil, Advocate for respondent No.2. ..... 2 CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 12th August, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner takes exception to the order passed by the Sub- Divisional officer, Degloor, dated 30.4.2010, dismissing the appeal. 3. The petitioner who was desirous of obtaining certificate as belonging to Mannerwarlu – Scheduled Tribe, submitted his application before the Sub-Divisional Officer, Degloor. The petitioner relied upon the caste certificate issued to his father. Learned counsel for the petitioner further states that the real brother and real sister of the petitioner have also been issued with the caste certificates as belonging to Mannerwarlu – Scheduled Tribe pursuant to the order passed by this Court in Writ Petition No.4996/2009 by judgment dated 31.7.2009. 4. In that light of the fact, therefore, according to us, the 3 order passed by the Sub-Divisional Officer, Degloor and the Scrutiny Committee in appeal, are unsustainable in law and deserve to be quashed and set aside. 5. Accordingly, this writ petition is allowed and the impugned orders are quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)