IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3549 OF 2009 Laxman s/o Maroti Hingawar, Age : Minor, Occu. Education, R/o Temloor, Taluka Degloor, District Nanded ..PETITIONER VERSUS 1) The State of Maharashtra, Through it’s Secretary, Tribal Development Department, Mantralaya, Mumbai-32 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 P.V. Jadhavar, Advocate for the petitioner; Mr S.K. Kadam, AGP for respondents no.1 & 3; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 16th JUNE, 2009. ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. This petition under Article 226 of the Constitution of India impugns the order passed by the Sub-Divisional Officer, Degloor declining to issue caste certificate to the petitioner and the order of the respondent Scrutiny Committee confirming the said order in appeal. 3. It appears that the petitioner was desirous of obtaining caste certificate as belonging to “Mannerwarlu” Scheduled Tribe and accordingly had submitted an application before the Sub- Divisional Officer. Along with the application the petitioner had submitted validity certificate granted to the first cousin of the petitioner by name Rupali Sayalu Hingawar. Though the Sub- Divisional Officer in its impugned order has made reference to the aforesaid certificate, the application of the petitioner came to be rejected on the ground that the petitioner had to stand on his own legs and could not seek to rely upon the certificate issued to the close relatives. 4. We have perused the said validity certificate granted to the cousin of the petitioner, and upon perusal, according to us since validity certificate has been issued to the relative of the petitioner, the petitioner ought to have been issued with the certificate as belonging to “Mannerwarlu” Scheduled Tribe. 5. Accordingly, this petition is allowed and the impugned orders are hereby quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioner as belonging to “Mannerwarlu” - Scheduled Tribe. Rule is made absolute on the above terms with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3549.09