1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2982 OF 2010 Sarikha D/o Rupchand Koli } Age : 20 Years, Occ. : Education, } R/o : At Post : Ter, } Tq. and Dist. Osmanabad. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through its Secretary, } Tribal Development Department } Mantralaya, Mumbai - 32. } 2. The Scheduled Certificate Scrutiny } Committee,Aurangabad Division, } Aurangabad through its } Dy.Director ( R ), Aurangabad. } 3. The Sub Divisional Officer } Osmanabad, Tq. Osmanabad, } Dist. Osmanabad. } .... RESPONDENTS Mr. P.V.Jadhavar, Advocate for petitioner. Mr. S.V.Kurundkar, Additional Govt. Pleader for State. Mr. R.P.Phatake, Advocate for respondent no. 2. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 12/04/2010 2 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. P.V.Jadhavar, learned counsel for petitioner, Mr. S.V.Kurundkar, learned Additional Govt. Pleader for State and Mr. R.P.Phatake, learned counsel for respondent no. 2. 3. By this petition under Article 226 of the Constitution of India, the petitioner impugns the order of the Sub Divisional Officer, Osmanabad dated 13/8/2009 rejecting the application of the petitioner and the order passed by the Scrutiny Committee, in Appeal, dated 30/1/2010 confirming the said order. 4. The petitioner, who was desirous of obtaining caste certificate as belonging to Koli Mahadeo – Scheduled Tribe, applied to the authorities. The petitioner relied upon the caste certificate issued to her father by the Tahsildar in the year 1981. The respondent rejected the said application on the ground that the petitioner had not annexed the certificates of the persons other than the father of the petitioner. 5. According to us, the fact that the father of the petitioner had been issued with the caste certificate as belonging to Koli Mahadeo – Scheduled Tribe is sufficient for granting certificate to the petitioner, who is his daughter. 6. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned orders and direct the authorities to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. 3 7. Rule is thus made absolute in the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 2982.10 ( J )