1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3858 OF 2010 SNEHA D/O CHANDRAKANT PADALWAR, AGE : MINOR, OCCU. EDUCATION, R/O EKLARA, TALUKA MUKHED, DISTRICT NANDED THROUGH NATURAL GUARDIAN/FATHER SHRI CHANDRAKANT S/O EKNATH PADALWAR, AGE 50 YEARS, OCCU.AGRI. ..PETITIONER VERSUS 1. THE STATE OF MAHARASHTRA , THROUGH ITS SECRETARY TRIBAL DEVELOPMENT DEPARTMENT MANTRALAYA, MUMBAI - 32 2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD DIVISION, AURANGABAD THROUGH ITS DEPUTY DIRECTOR (R) 3. THE DEPUTY COLLECTOR, E.G.S. NANDED, DIST. NANDED ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr K.J. Ghute Patil, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 4th May, 2010 2 ORAL JUDGMENT [ PER GANGAPURWALA , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the petition is taken up for final hearing at the stage of admission. 2. By the present petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Deputy Collector (E.G.S.), Nanded, dated 20th August, 2008 and the order dated 19th May, 2009 passed by the Scrutiny Committee, Aurangabad, thereby rejecting the application of the petitioner for issuance of a certificate as belonging to "Mannerwarlu" - Scheduled Tribe. The petitioner placed reliance on the validity certificate issued in favour of his cousin brother so also the cousin sister. The Deputy Collector ignored the said evidence and in view of that rejected the application of the petitioner. The petitioner has also submitted the genealogy and it is apparent that Vithal Gangaram Padalwar is the cousin of the petitioner. The relationship has been established on the basis of the genealogy. There is nothing on record to indicate that the said genealogy is fabricated. In the light of the matter we accept the genealogy tendered by the petitioner in this petition. 3 3. In the light of the above, the impugned orders are hereby quashed and set aside and the respondent no.3 is directed to forthwith issue the caste certificate to the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. 4. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3858.10