1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2622 OF 2010 Ashwini d/o Mashnaji Kongalwar, Age 21 years, Occu.Education, R/o Degloor, Taluka Degloor, District Nanded .. Petitioner Versus 1. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary .. Respondents Shri S.S.Phatale, Advocate for petitioner Shri S.V.Kurundkar, Addl.Govt.Pleader for respondent No.1 Shri U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 13th April, 2010 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 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order of the Sub Divisional Officer, Degloor dated 13.7.2009 rejecting the application of the petitioner for issuance of the caste certificate and the order passed by the scrutiny committee in appeal dated 22.9.2009. 3. The petitioner was desirous of obtaining caste certificate as belonging to Mannerwarlu – Scheduled Tribe, applied to the authorities and enclosed the caste certificate granted to her father. The aforesaid caste certificate denotes that father of the petitioner belongs to Mannerwarlu – Scheduled Tribe. The Sub Divisional Officer rejected the said application on the ground that the caste of the relatives of the petitioner in the 1951 record was shown as “Munnurwar”. According to us this exercise was wholly impermissible in the light of the fact that father of the petitioner had been issued with the certificate as belonging to Mannerwarlu – Scheduled Tribe. On the strength of the said certificate, according to us the petitioner ought to have been issued with the certificate also. 4. In the result, therefore, this writ petition succeeds and the impugned orders are hereby quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 3 5. Rule made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2622.10wp)