1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.3670 OF 2010 Ankush Maroti Ullewad, Age : 18 years, Occ. Education, R/o At Post Ratnali, Tq. Dharmabad, Dist. Nanded ..PETITIONER VERSUS 1. Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary ..RESPONDENTS Mr S.S. Phatale, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondent no.1; Mr R.P. Phatke, Advocate 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. This petition under Article 226 of the Constitution of India takes exception to the order passed by the Sub-Divisional Officer, Degloor, dated 11.11.2009 rejecting the application filed by the present petitioner. The petitioner being aggrieved by the said order preferred appeal before the Scrutiny Committee, which came to be dismissed by order dated 24.12.2009. 3. Undisputedly, the petitioner who was minor, had presented an application through her father. The petitioner strongly relied upon the caste certificate issued in favour of her father. The fact that the father had been issued with the certificate did not find favour with the Sub- Divisional Officer and the Sub-Divisional Officer accordingly rejected the said application. 4. The fact that the father of the petitioner had been issued with the certificate as belonging to "Koli Mahadev" - Scheduled Tribe, according to us was sufficient for issuance of a certificate to the petitioner. The fact as to whether the petitioner is able to sustain the said claim would be dependent upon the final adjudication which the Scrutiny Committee may embark upon. 5. In that light of the matter, this petition is allowed and the 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 Mahadev" - Scheduled Tribe. 3 6. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) ( P.V.HARDAS, J.) amj/wp3670.10