1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5650 OF 2010 Shivkumar S/o Sidram Bachawar, Age : 21 Years, Occu. : Education, R/o Aloor, 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, Dist. Nanded. 4. The Tahsildar, Tahsil Office, Degloor, Tq. Degloor, Dist. Nanded. .. .. Respondents Shri S. B. Gastgar, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondent Nos. 1, 3 and 4. Shri U. S. Malte, Advocate for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. ORAL ORDER [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. By this petition under Article 226 of the Constitution of India, the petitioner impugns the order passed by the Sub Divisional Officer dated 20.03.2010 and also the order passed by the Scrutiny Committee in appeal rejecting the appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining certificate as belonging to "Mannervarlu" Scheduled Tribe, applied to the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to his real brother. The Sub Divisional Officer, Degloor, by virtue of the impugned order rejected the application of the petitioner on the ground that the revenue record discloses that the caste of the grand father of the 3 petitioner was recorded as Munnarwad. The appeal filed by the petitioner also came to be dismissed. 4. The fact that brother of the petitioner had been issued with the validity certificate as belonging to Munnervarlu scheduled Tribe, according to us is touch stone for issuance of caste certificate to the petitioner. As to whether the claim of the petitioner is genuine or not would be judged on the enquiry to be conducted by the Scrutiny Committee, when the certificate would be referred for verification. 5. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor, to forthwith issue the caste certificate to the petitioner as belonging to Munnerwarlu 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