1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7171 OF 2010 Sushant S/o Suryakant Bondle, Age : Minor, Occu. : Education, R/o Ghungrala, Tq. Naigaon (Kh), District Nanded, Through father and natural guardian Shri Suryakant S/o Jalbaji Bondle, Age : 36 Years, Occu. : Service, R/o As above. .. .. .. 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, Degloor, Dist. Nanded. .. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri K. J. Ghute Patil, A.G.P. for Respondent Nos. 1 and 3. Shri R. P. Phatake, Standing Counsel for the Respondent No. 2. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 10TH AUGUST, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for 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 questions the correctness of the order passed by the Sub Divisional Officer, Degloor, dated 22.04.2010 dismissing the application filed by the petitioner and the order of the Scrutiny Committee in appeal dated 19.06.2010 dismissing the appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining a caste certificate as belonging to "Mannerwarlu" Scheduled Tribe applied to the Sub Divisional Officer, Degloor. The petitioner relied upon the caste certificate issued to the father of the petitioner. The Sub Divisional Officer, rejected the application of the petitioner on the ground that in the revenue record the caste 3 of the grand father of the petitioner was recorded as "Munurwar". Since the father of the petitioner has been issued with the caste certificate as belonging to "Mannerwarlu" Scheduled Tribe, according to us the petitioner also ought to have been issued with the certificate as belonging to "Mannerwarlu" Scheduled Tribe. 4. In that light of the matter, therefore, this petition is allowed. The impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to "Mannerwarlu" Scheduled Tribe. 5. Rule is made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10