{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3022 OF 2009 Kavita Suryakant Malkapure Through her natural Guardian Suryakant Vitthalrao Telang R/o Banshelki, Tq-Udgir, Dist-Latur PETITIONER VERSUS 01. The State of Maharashtra Through Secretary Tribal Development Department, Mantralaya, Mumbai 02. Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Member Secretary 03. The Sub Divisional Officer, Udgir, Dist-Latur RESPONDENTS ....... Mr.A.S.Londhe, Advocate for petitioner Mr.R.P.Phatke, Advocate for respondent No.2. Mr.V.B.Ghatge, AGP for respondents No.1 and 3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 24th July 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : {2} 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 impugns the order passed by the Sub Divisional Officer, Udgir dated 12.09.2008 and confirmed in appeal by the order of the Scrutiny Committee dated 09.01.2009. 3. The petitioner, who was desirous of obtaining caste certificate as belonging to Rajgond, submitted an application before the Sub Divisional Officer, Udgir placing reliance on several documents. The principal document on which the petitioner placed reliance was a caste certificate issued to the real brother of the petitioner. The Sub Divisional Officer, for the reasons which are not justifiable, refused to place reliance on the aforesaid document. According to us, since the real brother of the petitioner has been issued caste certificate, the petitioner is entitled to be issued the caste certificate as belonging to Rajgond Scheduled Tribe. 4. In this premise, therefore, the writ petition is allowed and the impugned orders are quashed and set aside. The Sub Divisional Officer, Udgir is directed to forthwith issue caste certificate to the petitioner. It is needless to state that the aforesaid certificate would be subject to verification process to be conducted {3} by the Scrutiny Committee. 6. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp3022-09