1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6752 OF 2010 Suryakant s/o Datta Subarwad, Age : 24 years, Occu. Education, R/o Kharatwadi, Tq. Hadgaon, Dist. Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad 3. The Sub Divisional Officer, Kinwat, District - Nanded ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 & 3; Mr R.P. Phatke, Advocate for respondent no.2. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 28th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub-Divisional Officer, Kinwat, dated 11.12.2009 rejecting the application of the petitioner and the order passed by the Scrutiny Committee in appeal, dated 25.2.2010 dismissing the appeal filed by the petitioner. 3. The petitioner, who was desirous of obtaining a certificate as belonging to "Koli Mahadev" - Scheduled Tribe, submitted an application to the Sub-Divisional Officer and relied upon the caste certificate issued to his father. The Sub-Divisional Officer rejected the application and the appeal filed by the petitioner also came to be rejected. 4. In the light of the fact that the father of the petitioner has been issued with the caste certificate, according to us the petitioner ought to have been issued with a caste certificate. Resultantly, this petition is allowed and the impugned orders are quashed and set aside and the Sub-Divisional Officer is directed 3 to forthwith issue caste certificate to the petitioner as belonging to "Koli Mahadev" - Scheduled Tribe. 5. Rule is thus made absolute with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6752.10