1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4319 OF 2010 MAHESH ASHOKRAO PENTEWAD, AGE MINOR, OCCU. EDUCATION, THROUGH NATURAL GUARDIAN/FATHER ASHOK S/O NARAYAN PENTEWAD, AGE 45 YEARS, OCCU. SERVICE, R/O IREGAON, TQ. KINWAT, DIST. NANDED ..PETITIONER VERSUS 1. THE STATE OF MAHHARASHTRA, THROUGH ITS SECRETARY, TRIBAL DEVELOPMENT DEPARARTMENT, MANTRLAYA, MUMBAI -32 2. THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE, AURANGABAD DIVISION, AURANGABAD THROUGH ITS DEPUTY DIRECTOR (R), AURANGABAD 3. THE SUB-DIVISIONAL OFFICER, KINWAT, TQ. KINWAT, DIST NANDED ..RESPONDENTS Mr P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. 2 CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 6th May, 2010 ORAL JUDGMENT [ PER GANGAPURWALA , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties the petition is taken up for final hearing at the stage of admission. 2. By the present petition under Article 226 of the Constitution of India the petitioner takes exception to the order passed by the Sub-Divisional Officer, Kinwat, dated 27.1.2010 and the order of the Committee dated 29.3.2010 in appeal thereby rejecting the application of the petitioner for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. 3. The petitioner along with his application had submitted by way of evidence the caste certificate issued in favour of his father, but the Sub-Divisional Officer rejected the application on the ground that the petitioner has not submitted any revenue record and just because one of the family members has got the caste certificate, the petitioner is not entitled on the said ground. 3 4. When the father of the petitioner has already been issued the caste certificate, there is no reason to deny the petitioner the caste certificate as belonging to the same caste. 5. In the light of above, we set aside the impugned orders passed by the authorities below and direct the Sub-Divisional Officer, Kinwat to issue caste certificate in favour of the petitioner as belonging to "Mannerwarlu" - Scheduled Tribe. 6. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4319.10