- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3564/2009 Ashvin s/o Maroti Hingawar, age minor, occu.education, r/o Tamloor Tq.Degloor Dist.Nanded. Through Natural Guardian / father Shri Maroti s/o Narsappa Hingawar, age 55 yrs., occu.agri., r/o Tamloor Tq.Degloor Dist.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), Aurangabad. 3. The Sub Divisional Officer, Degloor. Tq.Degloor Dist.Nanded. ...Respondents... ..... Shri P.V. Jadhavar, Advocate for petitioner. Shri K.J. Ghute Patil, AGP for respondent nos.1 & 3. Shri M.S. Deshmukh, Advocate for respondent no.2. ..... CORAM: P.V. HARDAS & R.K. DESHPANDE,JJ. DATE: 25.06.2009 - 2 - ORAL JUDGMENT (Per Hardas, J.): 1] Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this petition is heard finally at the stage of admission. 2] This petition under Article 226 of the Constitution of India impugns the order passed by the Sub Divisional Officer dated 12.12.2008 rejecting the application of the petitioner for grant of certificate as belonging to Mannerwarlu scheduled tribe. The petitioner had placed reliance upon the validity certificates granted to Kum.Rupali Sayalu Hingawar and Sayalu Narsappa Hingawar and also placed reliance on a caste certificate granted to Sayalu Narsappa Hingawar. The Sub Divisional Officer declined to place reliance on the certificate issued to Sayalu Narsappa Hingawar on the ground that the petitioner has not been able to establish the relationship. However, from perusal of the genealogy, we find that the petitioner has annexed the validity certificate of Kum.Rupali Sayalu Hingawar, who is the cousin of the petitioner. In the face of this evidence, according to us, the petitioner was entitled to be issued with the caste certificate. 3] Accordingly, this petition is allowed and Rule is made absolute. Impugned orders are hereby quashed and set aside and the Sub Divisional Officer is directed to forthwith issue certificate to the petitioner as belonging to Mannerwarlu scheduled tribe. (R.K. Deshpande,J.) (P.V. Hardas, J.) ndk/c2560935