1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2040 OF 2010 Govind s/o Gangadhar Kanlod, Age minor, Occu.Education, R/o At Post Mangnali, Tq.Dharmabad, District Nanded through father & natural guardian Gangadhar s/o Vishwanath Kanlod, Age 46 years, Occu.Service, R/o As above .. PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Dy.Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, District Nanded .. RESPONDENTS Shri S.M.Vibhute, Advocate for petitioner Shri K.G.Patil, Assistant Govt.Pleader for respondents 1 and 3 Shri R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND S.V.GANGAPURWALA, JJ DATE : 15th March 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 prays for issuance of a writ to respondents for quashing and setting aside the order of the Sub Divisional Officer, dated 16.9.2009 and the order passed by the respondent – scrutiny committee in appeal, dated 26.10.2009 dismissing the appeal filed by the petitioner. 3. The petitioner submitted an application to the Sub Divisional Officer, Degloor praying for issuance of a caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. Along with the application, the petitioner annexed several documents, which included the validity certificate granted to the father of the petitioner. The application of the petitioner came to be rejected by the Sub Divisional Officer on the ground that the school record pertaining to the father of the petitioner disclosed his caste as “Munnurwar”. 4. According to us validity certificate has been issued to the father of the petitioner and it was, therefore, not open to the Sub Divisional Officer to go behind the validity certificate issued to the father of the petitioner. Prima facie, according to us the fact that the validity certificate has been issued to the father of the petitioner demonstrates that the petitioner is entitled to be issued with the caste certificate. In that light of the matter, therefore, we are inclined to allow this petition. 3 5. Accordingly this writ petition is allowed and the impugned orders are quashed and set aside and the respondents are directed to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. ( S.V.GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2040.10wp)