1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6226 OF 2009 Rama s/o Dakagond Koyalwar, Age : 30 years, Occu. Education, R/o At Post Gavandgaon, Tq. Degloor, Dist. Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through it's 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 Mr P.V. Jadhavar, Advocate for the petitioner; Mr V.H. Dighe, AGP for respondents no.1 & 3; Mr U.S. Malte, Standing Counsel for respondent no.2. CORAM : P.V. HARDAS AND NARESH H. PATIL, JJ DATE : 18th September 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. This petition under Article 226 of the Constitution of India takes exception to an order passed by the Sub-Divisional Officer, Degloor dated 8.8.2008 rejecting the application of the petitioner for issuance of caste certificate as belonging to "Rajgond" - Scheduled Tribe and the order of the Scrutiny Committee in appeal, dated 4.4.2009 dismissing the appeal filed by the petitioner. 3. In support of his plea for issuance of the caste certificate to the petitioner, the petitioner relied on several documents, out of which reliance was placed by the petitioner on the caste certificate and the validity certificate issued to the real brother of the petitioner. The Sub-Divisional Officer declined to place reliance on the validity certificate issued to the real brother of the petitioner on the ground that the certificates relating to the other relatives appear to be doubtful. According to us, the Sub- Divisional Officer at this stage is only required to prima facie consider if there is sufficient evidence/material warranting the issuance of the caste certificate to the candidate. Since the validity has been granted to the real brother of the petitioner, 3 according to us the certificate ought to have been issued by the Sub-Divisional Officer. We accordingly allow this petition and quash and set aside the impugned orders and direct the Sub- Divisional Officer, Degloor to forthwith issue certificate to the petitioner as belonging to "Rajgond"-Scheduled Tribe. Rule is thus made absolute on the above terms with no order as to costs. ( NARESH H. PATIL ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6226.09 4