1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6121 OF 2010 Yogesh s/o Kamaji Perkewad, Age : 19 years, Occu. Education, R/o Yekrala, Tq. Hadgaon, District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai - 32 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R), Aurangabad 3. The Sub-Divisional Officer, Kinwat, Tq. Kinwat, Dist. Nanded ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July, 2010 2 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India takes exception to the order passed by the Sub-Divisional Officer, Kinwat dated 29.8.2009 and the order of the Scrutiny Committee in appeal, dated 27.10.2009. 3. The petitioner, who was desirous of obtaining certificate as belonging to "Mannerwarlu" - Scheduled Tribe, submitted an application before the Sub-Divisional Officer. The petitioner annexed the caste certificate issued to his father. The Sub- Divisional Officer in the order impugned in the present petition does not advert to the aforesaid certificate. The application of the petitioner came to be rejected on the ground that the petitioner had not produced entries of the revenue record for establishing the fact that he belongs to "Mannerwarlu" - Scheduled Tribe. The appellate authority also dismissed the appeal on the same ground. 3 4. The documents annexed by the petitioner, particularly the list of documents before the Sub-Divisional Officer as well as the appellate authority clearly establish that the petitioner had submitted the caste certificate issued to his father. In that light of the matter, therefore, according to us the petitioner is entitled to be issued with a certificate as belonging to "Mannerwarlu" - Scheduled Tribe. Resultantly, this writ petition is allowed; the impugned orders are quashed and set aside and the Sub- Divisional Officer is directed to forthwith issue caste certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. 5. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6121.10