Writ petition No.3089 of 2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3089 of 2010 Nilesh Balaji Rekulwad Minor Through His Next Friend Real Brother Nitin Balaji Rekulwad Age : 22 Sex : Male Ghavan Tq Jalkote Dist Latur Latur Petitioner Vs 1] Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Member Secretary Aurangabad District,Aurangbad 2] The Sub-divisional Officer Udgir Dist Latur Respondents Mr. Sagar S. Phatale, Advocate for the petitioner Mr. R.P.Phatake, Advocate for the respondent No.1 Mr. S.K. Tambe,AGP for respondent No.2. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 1ST DECEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] Rule. Rule made returnable forthwith. Heard by consent. 2] By way of present petition, the petitioner challenges the order dated 4.9.2009, passed by the respondent No.2 thereby Writ petition No.3089 of 2010 2 rejecting the application filed by the present petitioner for issuance of caste certificate as belonging to “Koli Mahadeo” scheduled tribe, and the order dated 26th October, 2009, passed by the respondent No.1, thereby dismissing the appeal. 3] The petitioner, claiming to be belonging to Koli Mahadeo Scheduled Tribe, had applied to the respondent No.2 for issuance of caste certificate. The application is rejected on the ground that the petitioner had not submitted the caste certificate or the validity of petitioner's father or the old record. The respondent committee in the appeal has dismissed the appeal. 4] We find that in a series of cases, we have taken a view that the parameters to be taken into consideration at the stage of issuance of caste certificate are different than the parameters which are required to be taken into consideration at the stage of considering the claim of a candidate for issuance of validity certificate. We have taken a consistent view that at the stage of issuance of caste certificate only a prima facie case is required to be made out by the candidate. In the present case, the record of the petitioner as well as his brother shows the caste of the petitioner is Koli Mahadeo. The petitioner's father had also been issued a caste certificate on 18th October, 2009. Not only that, but the respondent No.1 committee, by order dated 21st October, 2010, has allowed the appeal of the real brother of the petitioner, and directed the respondent No.2 to issue a caste certificate in favour of the real brother of the petitioner. A copy of the said order is taken on record Writ petition No.3089 of 2010 3 and marked `X' for identification. 5] In that view of the matter, we are inclined to allow the petition. The impugned order is quashed and set aside. The respondent No.2 is directed to issue a caste certificate to the petitioner, certifying that he belongs to Koli Mahadeo scheduled tribe, within a period of 4 weeks from today. Rule made absolute in above terms, with no orders as to costs. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/wp