hcs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.8905 OF 2009 Shailesh Hanumant Shinde .. Petitioner. Vs. State of Maharashtra & Ors. .. Respondents. Mr.R.K.Mendadkar for the petitioner. Mr.V.S.Masurkar, G.P. for respondent no.1. CORAM : F.I. REBELLO & D.B. BHOSALE, JJ. DATED : NOVEMBER 04, 2009 P.C. Rule. By consent heard forthwith. In view of the order to be passed, notice to respondent no.4 is dispensed with as respondent no.4 is not necessary party. It is the case of the Petitioner that he belongs to O.B.C. Caste – Parit. The Petitioner contends that he approached Respondent no.2 to accept his application but same has not been received and in view of that the present petition. The State of Maharashtra has enacted the Maharashtra Schedule Castes, Schedule Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The relevant provision as far as we are concerned is section 3 which read as under: “3. Any person belonging to any of the Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis), Nomadic Tribes, Other Backward Classes or Special Backward Category, required to produce a Caste Certificate in order to claim the benefit of any reservation provided to such Castes, Tribes or Classes, either in any public employment or for admission into any educational institution, or any other benefit under any special provisions made under clause (4) of Article 15 of the Constitution of India or for the purpose of contesting for elective post in any local authority or in the Co-operative Societies; or for purchase or transfer of land from a tribal land-holder or any other purposes specified by the Government, shall apply in such form and in such manner as may be prescribed, to the Competent Authority for the issue of a Caste Certificate.” Perusal of section 3 makes it clear that application can be made by any person alongwith certificate of concerned tribe/caste. Considering the statutory mandate respondent no.2 is bound to accept the application subject to the Petitioner complying with all necessary requirements including production of the caste certificate. In the light of above the Petitioner to apply before Respondent No.2 within two weeks from today with the Caste Certificate. Respondent no.2 to consider the Caste Certificate according to law and decide the same on merits. Rule made absolute accordingly. No order as to costs. (D.B. BHOSALE,J.) (F.I. REBELLO,J.)