1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4468 OF 2009 Jayram Dagadu Sudawale } Age : 22 Yrs., Occ. Education, } Through natural guardian } i.e. his father } Dagadu Baburao Sudawale } Age : 47 Yrs., Occ. Business, } R/o : Shrikrushna Nagar, } Latur, Tq. & Dist. : Latur. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through Secretary, } Tribal Development Department Mantralaya, Mumbai. } 2. Scheduled Tribe Certificate } Verification Committee, } Aurangabad through its } Member Secretary. } 3. The Sub Divisional Officer } Latur, Tq. & Dist. Latur. } .... RESPONDENTS 2 Mr. M.P.Tripathi, Counsel for Petitioner Mr. S.K.Kadam, A.G.P. for Respondent no. 1 . Mr. M.S. Deshmukh, Counsel for Respondent no. 2. [ CORAM : P.V.HARDAS & R.K.DESHPANDE, JJ. ] DATE : 14 th JULY, 2009 ORAL JUDGMENT : [ PER – P.V. HARDAS, J. ] 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this Petition is heard 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, Latur dated 14/2/2008 and confirmed in Appeal by the Scrutiny Committee in its Order dated 29/4/2009. 3. The petitioner who was desirous of obtaining a certificate as 3 belonging to ‘ Koli Mahadev ’ Scheduled Tribe, submitted various documents including the Caste certificate issued to the father of the petitioner. The Sub Divisional Officer has rejected the application of the petitioner on the ground that the petitioner had not submitted sufficient proof of belonging to ‘ Koli Mahadev ’ Scheduled Tribe. According to us the ground raised by the Sub Divisional Officer is wholly misconceived. Since the father of the petitioner has been issued with the necessary certificate, the petitioner who is his son is entitled to be issued with the said certificate as belonging to ‘ Koli Mahadev ’ Scheduled Tribe. 4. Accordingly we allow this Petition and quash and set aside the impugned order and direct the Sub Divisional Officer, Latur to forthwith issue Caste certificate to the petitioner. Rule is thus made absolute on the terms indicated above with no order as to costs. [ R.K.DESHPANDE ] [ P.V. HARDAS ] JUDGE JUDGE knp/WP4468.09 4 5 6 7 8 9 10 11 12 13