(1) WP-6874.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6874 OF 2011 Shankar S/o Iranna Basalwar Age : 23 years, Occu.: Education, R/o Tamlur, Tq. Degloor, Dist. Nanded PETITIONER VERSUS 1. The State of Maharshtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. (Copy to be served on Govt. Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded RESPONDENTS ..... Mr. Pratap V. Jadhavar, Advocate for the Petitioner. Mr. V.H. Dighe, A.G.P. for the Respondent-State. Mr. A.R. Salve, Advocate for the respondent no.2 ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 16TH SEPTEMBER, 2011 ORAL JUDGMENT (PER - M.T. JOSHI, J.): 1. Rule. Rule made returnable forthwith. Heard finally, with the consent of the parties. (2) WP-6874.2011 2. Inspite of there having been tribe validity certificate of the near blood relatives of the petitioner and all the documents showing that the petitioner belongs to the Koli Mahadeo caste and the Circle Revenue Officer concurring with the same, the respondent no.3-Sub Divisional Officer has refused to grant tribe certificate to the petitioner. Respondent no.2-Scrutiny Committee has ratified the order. 3. In that view of the matter, since only prima facie case is required to be made out at the time of issuing the caste certificate, the Petition is allowed in terms of prayer clause (B). The respondent no.3 is directed to issue tribe certificate to the petitioner within a period of three (3) weeks from today. The present observations shall not be taken into consideration at the time of scrutiny of the validity of the certificate. 4. Rule is made absolute in the above terms. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/