1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.1660 OF 2010 Sangamnath s/o Rajappa Rontewad, Age 23 years, Occupation Agriculture, R/o At Post Sangam, Taluka Dharmabad, District Nanded .. Petitioner Versus 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 32 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurngabad 3. The Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded .. Respondents Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 8th June 2010 2 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. We have heard Mr.P.V.Jadhavar, learned Counsel for the petitioner, learned Assistant Govt.Pleader Mr.Kadam and Mr.U.S.Malte, learned Counsel for respondent No.2. 3. The petitioner, who was desirous of obtaining a caste certificate as belonging to Koli Mahadev – Scheduled Tribe submitted an application before the Sub Divisional Officer, Degloor. The petitioner placed reliance upon the caste certificate issued to his first cousin viz.Rama Naganna Rontewad. The petitioner had also annexed the genealogy and had submitted the affidavit as supportive evidence to show that Mr.Rama Naganna Rontewad was his cousin. The Sub Divisional Officer, by his order dated 5.2.2009 rejected the application of the petitioner on the ground that the petitioner had not submitted documents prior to 1950 and no reliance can be placed implicitly on the certificate issued to the cousin of the petitioner as the petitioner had to stand on his own legs in order to establish his case. 3 4. The petitioner being aggrieved by the order of the Sub Divisional Officer filed an appeal before the scrutiny committee and the scrutiny committee by its order dated 30.3.2009 dismissed the appeal. 5. In the present case we find that the petitioner had produced the caste certificate as belonging to Koli Mahadev – Scheduled Tribe which was issued to his cousin. The genealogy has been established by the petitioner by the affidavit which is filed as supportive evidence. There are no contra entries nor any material was brought before the Sub Divisional Officer to indicate that the caste of the petitioner was otherwise than what was claimed by him. The ratio of the judgment of the Division Bench on which reliance is placed by the Sub Divisional Officer pertains to appreciation of evidence by the scrutiny committee. At this preliminary stage of enquiry, according to us the fact that the cousin of the petitioner has been issued with a certificate as belonging to Koli Mahadev – Scheduled Tribe was sufficient to grant the certificate to the petitioner. 6. In that light of the matter, this petition is allowed and the impugned orders are hereby 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. 4 7. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/1660.10wp)