1 WP9741/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9741 OF 2010 Jitendra R. Watkare ...Petitioner v/s State of Maharashtra and others ...Respondents Mr R.K. Mendadkar for Petitioner. Mr C.R. Sonawane, AGP for Respondents. CORAM : D.K. DESHMUKH AND K.K. TATED JJ. DATE : 17TH JANUARY 2011. 2 WP9741/10 P.C. :- 1] Rule, returnable forthwith. Heard finally by consent of the parties. 2] The petitioner had applied for a certificate to the Sub-Divisional Officer, Alibag certifying that he belongs to Malhar Koli, Scheduled Tribe. The Sub-Divisional Officer, Alibag rejected that application. Therefore, an appeal was filed before the Caste Scrutiny Committee. The Caste Scrutiny Committee has dismissed the appeal by order dated 28th August 2010. The petition is directed against both these orders of Sub-Divisional Officer and Caste Scrutiny Committee. 3] We have heard the learned counsel for both the sides. We have perused the record. The document i.e. register maintained by the School does prima facie indicate that the entry about caste of the father of the petitioner was Malhar Koli, Scheduled Tribe. The Sub-Divisional Officer, Alibag 3 WP9741/10 is therefore directed to issue caste certificate in favour of the petitioner showing that the petitioner belongs to Malhar Koli, Scheduled Tribe. The certificate shall be subject to verification by the Caste Scrutiny Committee. It is made clear that these observations are prima facie observations and are not binding on the Caste Scrutiny Committee when the Committee verifies caste claim of the petitioner. The impugned orders passed by both the authorities are set aside. Rule is made absolute with no order as to costs. Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of this Court. Certified copy expedited. ( JUSTICE D.K. DESHMUKH ) ( JUSTICE K.K. TATED )