1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6452 OF 2010 Rajiv s/o Gangadhar Tarpewad, Age 27 years, Occu.Education, R/o Manjaramwadi, Tq.Naigaon(Kh), District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurnagabad, Through its Dy.Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 28th July 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 passed by the Sub Divisional Officer, Degloor dated 7.11.2009 and the order passed by the appellate authority dated 24.12.2009 rejecting the appeal submitted by the petitioner. 3. The petitioner, who was desirous of obtaining caste certificate as belonging to Koli Mahadeo – Scheduled Tribe, submitted an application before the Sub Divisional Officer, Degloor. The aforesaid application came to be turned down by the Sub Divisional Officer and the petitioner, therefore, being aggrieved filed Writ Petition in this Court. The Division Bench of this Court allowed the Writ Petition and remitted the matter back to the Sub Divisional Officer, Degloor for a decision afresh, giving opportunity to the petitioner to submit the caste certificate of his father. The petitioner, accordingly, submitted the caste certificate of his father and the application came to be rejected again by the Sub Divisional Officer, Degloor. The appeal filed by the petitioner met with the same fate. 4. Since the father of the petitioner and the real brother of the petitioner have been issued with the caste certificates, according to us the order of the Sub Divisional Officer rejecting the application of the petitioner on the ground that certificates were 3 of recent origin, cannot be sustained. The father and the real brother of the petitioner have been issued with the certificates and according to us, the petitioner ought to have been issued with the certificate. 5. Consequently, this petition is allowed, impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadeo – Scheduled Tribe. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6452.10wp)