1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3448 OF 2010 Rajesh S/o Pandharinath Pandod } Age : 19 Yrs., Occ. : Education, } R/o : At Post Yetala, Tq. Dharmabad, } Dist. : Nanded. } .... PETITIONER V E R S U S 1. Scheduled Tribe Certificate } Scrutiny Committee,Aurangabad } Division, Aurangabad } Through its Member Secretary. } 2. Sub Divisional Officer, Degloor } Tq. Degloor, Dist. : Nanded. } .... RESPONDENTS Mr. P.D.Bachate, Advocate for petitioner. Mr. S.V.Kurundkar, Additional Govt. Pleader for State. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT: 29/04/2010 ORAL JUDGMENT : [ PER – S.V.GANGAPURWALA, J. ] 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2 2. Vide the present petition under Article 226 of the Constitution of India, the petitioner takes exception to the order dated 5/3/2009 passed by the Sub Divisional Officer, Degloor and the Judgment and Order passed by the Scrutiny Committee, Aurangabad dated 29/4/2009 in Appeal, thereby rejecting the application of the petitioner for issuance of caste certificate as belonging to Mannerwarlu – Scheduled Tribe. 2. The petitioner along with the application had submitted caste certificate issued in favour of his father by the competent authority along with other documents. The Sub Divisional Officer, Degloor rejected the application of the petitioner solely on the ground that the documents produced by the petitioner were of recent origin and there is no old document substantiating the claim of the petitioner. 3. It is inconceivable that the father of the petitioner has been issued the caste certificate as belonging to Mannerwarlu – Scheduled Tribe and the son could not be issued the caste certificate as belonging to the said caste. The evidence produced by the petitioner was sufficient at this prima facie stage to issue him the caste certificate as belonging to Mannerwarlu – Scheduled Tribe. 4. In light of above, we quash and set aside the Judgment and Order dated 5/3/2009 passed by the Sub Divisional Officer, 3 Degloor and the Judgment of the Scrutiny Committed dated 29/4/2009. We direct the Sub Divisional Officer, Degloor to forthwith issue the caste certificate to the petitioner as belonging to Mannerwarlu - Scheduled Tribe. 5. Rule is thus made absolute on the above terms with no order as to costs. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3448.10 ( J )