- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2372/2010 Anil s/o Rajanna Ravtod, age 20 yrs., occu.education, r/o Atkur Tq.Dharmabad 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 Deputy Director (R), Aurnangabad. 3] The Sub Divisional Officer, Degloor. Tq.Degloor Dist.Nanded. ...Respondents... ..... Shri Pratap V. Jadhavar, Advocate for petitioner. Shri S.K. Kadam, AGP for respondent nos.1 & 3. Smt.Sarika Deshpande, Advocate h/f Shri R.P. Phatake, Advocate for respondent no.2. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 13.08.2010 ORAL JUDGMENT (Per P.V. Hardas, J.): - 2 - 1] Heard learned counsel for the parties. 2] Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 3] By this petition under Article 226 of the Constitution of India, the petitioner questions the correctness of the order passed by the Sub Divisional Officer, Degloor, dated 1.10.2009 rejecting the application of the petitioner and the order passed by the scrutiny committee in appeal dated 21.11.2009 dismissing the appeal. 4] The petitioner, who was desirous of obtaining the caste certificate as belonging to Mannerwarlu – scheduled tribe, submitted an application to the Sub Divisional Officer, Degloor. The petitioner relied upon the validity certificate issued to his third cousin. The Sub Divisional Officer rejected the said application on the ground that the evidence is of recent origin and the petitioner had not produced the documents prior to 1950. The appeal filed by the petitioner also came to be dismissed. 5] Since the third cousin of the petitioner has been issued with the validity certificate and the petitioner has filed the affidavit of the validity holder and has also proved the genealogy, according to us, the petitioner ought to have been issued with the caste certificate as belonging to Mannerwarlu – scheduled tribe. - 3 - 6] In that light of the matter, therefore, we allow this petition and direct the Sub Divisional Officer, Degloor, to forthwith issue caste certificate to the petitioner as belonging to Mannerwarlu – scheduled tribe. Rule made absolute on the above terms. No order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c1381036