1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5921 OF 2010 Sachin @ Madhav S/o Janardhan Bukkewad, Age : Minor, Occu. : Education, R/o Walag, Tq. Degloor, Dist. Nanded. through father and natural guardian Janardhan S/o Narayanrao Bukkewad, Age : 44 Years, Occu. : Service, R/o as above. .. .. Petitioner Versus 1. The State of Maharashtra Through Secretary to Development Department, Government of Maharashtra, 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 Shri S. M. Vibhute, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for Respondent Nos. 1 and 3. Shri P. S. Patil, Standing Counsel for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 19TH JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India, the petitioner challenges the order of the Sub Divisional Officer, Degloor dated 09.12.2009 and the order of the Scrutiny Committee in appeal. The petitioner who was desirous of obtaining the caste certificate as belonging to "Koli Mahadev" Scheduled Tribe submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon the caste certificate issued to his father. The Sub Divisional Officer rejected the aforesaid application of the petitioner, as according to the Sub Divisional Officer, the census register of the year 1951 discloses that the caste of the grand father of the petitioner was recorded as Koli. 3. According to us the fact that the father of the petitioner has 3 been issued with the certificate would entitle the petitioner to be issued with a similar certificate. As to whether the certificate is genuine and the petitioner and his father could be able to establish their affinity to Koli Mahadev scheduled tribe is a question which would be decided by the Scrutiny Committee. 4. 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. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10