Writ petition No.6728 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6728 of 2010 Shivaji s/o. Ganpat Kasbewad Age 27 years, Occ. Education, R/o. Godamgaon Post Kolambi Tq. Naigaon (Kh) Dist. Nanded. 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 Mr. S.M Vibhute, Advocate for the petitioner Mr. P.R. Pbatke, Advocate for the respondent No.2 Mr. S.K. Tambe, AGP for the respondent No.1. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 7TH DECEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] Rule. Rule made returnable forthwith. Heard finally by Writ petition No.6728 of 2010 2 consent of the parties. 2] By way of present petition, the petitioner challenges the order passed by the respondent No.3, S.D.O. dated 13th November, 2009, thereby refusing to grant caste certificate to the petitioner as belonging to “Mannerwarlu Scheduled Tribe” and order dated 24th December, 2009, passed by the respondent NO.2, thereby dismissing the appeal filed thereagainst by the petitioner. 3] The petitioner claiming to be belonging to Mannerwarlu Schedule Tribe filed an application for grant oa caste certificate. The same came to be rejected. The appeal carried thereagainst is also dismissed. Hence, the present petition. 4] The S.D.O. has rejected the issuance of caste certificate on the ground that the caste of the petitioner's grandfather is shown as Munurwar. 5] It is a settled principle of law that the parameters to be taken to consideration at the stage of grant of caste certificate are different than the parameters to be taken into consideration at the stage of considering the validity of the caste claim. The petitioner has placed on record the validity certificate which is issued to the cousin of his father and the caste certificate issued to his close relatives. Not only that, but the Circle Officer has also, on the basis of an enquiry, recommended the grant of caste certificate in favour of the petitioner. Writ petition No.6728 of 2010 3 6] In that view of the matter, we are inclined to allow the petition. The respondent No.3 is directed to issue a caste certificate to the petitioner certifying that the petitioner belong to Mannerwarlu Scheduled Tribe. It is, however, made clear that we have considered the matter matter from the point of view of issuance of caste certificate and in case the respondent No.2 is required to consider the claim of the petitioner regarding validity, it will consider the same on its own merits, without being influenced by this order. Rule made absolute in above terms with no orders as to costs. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/wp Writ petition No.6728 of 2010 4