wp7445.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7445 OF 2010 Shri.Datta s/o Gangaram Subanwad, Age-23 years, Occu: Education, R/o- Housing Society Vivek Vardhini High School, Vasmat, Tq-Vasmat, Dist-Hingoli. ...PETITIONER. VERSUS 1) The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai-32, 2) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, 3) The Sub Divisional Officer, Vasmat, Dist-Hingoli. ...RESPONDENTS. ... Shri. S.C. Yeramwar Advocate h/f. Shri. A.S. Golegaonkar Advocate for Petitioner. Shri. V.D. Rakh, A.G.P. for Respondent Nos. 1 and 3. Shri. R.P. Phatake, Advocate for Respondent No.2. ... wp7445.10 2 CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 21ST JANUARY, 2011. ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] : 1. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission itself. 2. Vide the Present Writ Petition, the Petitioner assails the order dated 16th December, 2009, passed by the Sub Divisional Officer, Vasmat, District-Hingoli and the order of the Caste Scrutiny Committee dated 15th April, 2010 passed in the appeal, thereby rejecting the application of the Petitioner for grant of caste certificate as belonging to "Mahadev Koli", Scheduled Tribe. 3. Shri. Yeramwar, learned counsel appearing wp7445.10 3 for the Petitioner submits that the Petitioner had filed on record the school leaving certificates of the Petitioner, his brother and sister. The entries of the caste in the said school leaving certificates, are consistent and there is no contra evidence. The parents of the Petitioner were illiterate. The affidavit to that effect is also filed by the father of the Petitioner stating that there was no record in respect of the father. 4. The learned A.G.P. supports the orders passed by the Authorities and submits that there is no old record to substantiate the case of the Petitioner. 5. At the stage of issuance of caste certificate, prima facie proof is sufficient. Detail enquiry is not contemplated at this stage. If the caste certificate is sent for verification, at that point of time, the Scrutiny Committee has to conduct detail enquiry. wp7445.10 4 6. The Petitioner has produced extract of school record of his brother, sister and himself. All these entries consistently show the caste of the Petitioner, his brother and sister, as "Mahadev Koli", Scheduled Tribe. There is no contra evidence. 7. In the light of the above, we quash and set aside the impugned orders and direct the Sub Divisional Officer, Vasmat, District-Hingoli, to forthwith issue caste certificate to the Petitioner as belonging to "Koli Mahadev", Scheduled Tribe. 8. Rule is made absolute on the above terms, with no order as to the costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp7445.10