1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5375 OF 2010 Angad Shriram Gandhale, Age : 24 years, Occ. Education, R/o At Post Choramba, Tq. Dharur, Dist. Beed ..PETITIONER VERSUS 1. Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Ambejogai Dist. Beed ..RESPONDENTS Mr S.S. Phatale, Advocate for the petitioner; Mr R.P. Phatke, Advocate for respondent no.1; Mr S.K. Kadam, A.G.P. for respondent no.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd June, 2010 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 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub-Divisional Officer, Ambajogai, dated 14.9.2009 rejecting the application of the petitioner and the order passed by the Scrutiny Committee in appeal, dated 23.11.2009 dismissing the appeal filed by the petitioner. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe submitted an application before the Sub-Divisional Officer, Ambajogai. The petitioner heavily relied upon the caste certificate issued to the father of the petitioner. The aforesaid caste certificate had been issued to the father of the petitioner by the competent authority. Despite the issuance of such caste certificate, the application filed by the petitioner came to be rejected. The petitioner being aggrieved by the order of the Sub- Divisional Officer filed appeal before the Scrutiny Committee. The Scrutiny Committee also rejected the appeal. 4. Since the father of the petitioner has been issued with the caste certificate, according to us it was most inappropriate on the part of the Sub-Divisional Officer to have rejected the application of the petitioner. The petitioner has, therefore, 3 prima facie demonstrated that the petitioner belongs to "Koli Mahadev" - Scheduled Tribe. 5. In that light of the matter, we allow this petition and quash and set aside the impugned orders and direct the Sub-Divisional Officer, Ambajogai to forthwith issue certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 6. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5375.10