- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6823/2010 Bharti d/o Gangadhar Nakkawar, age 25 years, occu.education, r/o Degloor Tq.Degloor Dist.Nanded. ...Petitioner.. Versus 1] The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2] The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. Through its Dy.Director (R), Aurangabad. 3] The Sub Divisional Officer, Degloor. Tq.Degloor Dist.Nanded. ...Respondents... ..... Shri P.V. Jadhavar, Advocate for petitioner. Shri S.K. Tambe, AGP for respondent nos.1 & 3. Shri P.S. Patil, Advocate for respondent no.2. ..... - 2 - CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 30.07.2010 ORAL JUDGMENT (Per Hardas, J.): 1] 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 takes exception to the order passed by the Sub Divisional Officer, Degloor, dated 9.12.2009 and the order passed by the appellate authority dated 29.4.2010 dismissing the appeal filed by the petitioner. 3] The petitioner, who was desirous of obtaining a caste certificate as belonging to Koli Mahadeo – scheduled tribe, applied to the Sub Divisional Officer. The petitioner relied heavily upon the caste certificate issued to his father. The Sub Divisional Officer rejected the application of the petitioner on the ground that the revenue record disclosed that the caste of relatives of the petitioner was recorded as “Koli”. The appeal filed by the petitioner also came to be rejected. 4] According to us, since the father of the petitioner has been issued with the caste certificate, the petitioner is entitled to be issued with the caste certificate. - 3 - We accordingly allow this petition, quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor Dist.Nanded, to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadeo – scheduled tribe. Rule is made absolute. No order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c3071011