{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4755 OF 2009 Arti d/o Angadrao Bombile R/o Hasala, Tq-Ausa, Dist-Latur Through her father and natural guardian Angad Keshvrao Bombile R/o Hasala Tq-Ausa, Dist-Latur PETITIONER VERSUS 1. The State of Maharashtra Through Secretary Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad Through its Dy. Director (R) 3. The District Supply Officer, Latur, Dist-Latur RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for the petitioner Mr.K.B.Chaudhari, Addl.G.P. for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 24th July 2009 {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. By this petition, under Article 226 of the Constitution of India, the petitioner challenges the order passed by District Supply Officer, Latur dated 12.02.2009 dismissing the application filed by the petitioner through her father and the order of respondent Scrutiny Committee dated 21.03.2009 confirming the aforesaid order. 3. The petitioner, who was desirous of obtaining a certificate as belonging to Koli Mahadeo Scheduled Tribe, submitted an application through her father to the District Supply Officer, Latur. The petitioner relied heavily upon the caste certificate issued in favour of the father of the petitioner. The District Supply Officer, Latur, without discussing the probative value of the aforesaid document, rejected the application. The Scrutiny Committee, by a cryptic order, dismissed the appeal. 4. Our attention has been invited by Mr.Vibhute, learned counsel for the petitioner to the judgment of the Division Bench of this Court in Writ Petition No.4296/2009 dated 09.07.2009, (Deepak s/o Angadrao Bombile V/s The State of Maharashtra and {3} others). This petition was in reference to an application of the real brother of the petitioner which had been rejected by the authorities below. The Division Bench of this Cort, upon consideration of the evidence, directed issuance of caste certificate to the petitioner therein. Since the petitioner in the aforesaid writ petition is the real brother of the present petitioner and the application of the petitioner is supported by the caste certificate issued in favour of the father of the petitioner, we are inclined to allow this petition. 5. Accordingly, this writ petition succeeds. The impugned orders are hereby quashed and set aside. The District Supply Officer, Latur is directed to forthwith issue caste certificate to the petitioner. This order be communicated to the respondents by the learned AGP. 6. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order, duly authenticated, be provided to the learned AGP to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4755-09