- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5998/2010 Sachin Mahadev Chintale, age 17 yrs., occu.education, through his natural guardian / father Mahadev Tulshiram Chintale, age 50 yrs., occu.labourer, r/o Murambi Tq.Chakur Dist.Latur. ...Petitioner.. Versus 1] The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai. 2] The Scheduled Tribe Caste Certificate Scrutiny Committee, Through its Member Secretary, Aurangabad Division, Aurangabad. 3] Dy.Collector (Election), Latur. Dist.Latur. ...Respondents... ..... Shri A.S. Bayas, Advocate for petitioner. Shri K.J. Ghute Patil, AGP for respondent nos.1 & 3. - 2 - Shri P.S. Patil, Advocate for respondent no.2. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATE: 30.07.2010 ORAL JUDGMENT (Per Hardas, J.): 1] Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2] By this petition under Article 226 of the Constitution of India, the petitioner impugns the order passed by the Sub Divisional Officer, Latur, dated 29.12.2009 and the order passed by the appellate authority in appeal dated 26.2.2010. 3] It appears that the petitioner, who was desirous of obtaining a caste certificate as belonging to Koli Mahadeo – scheduled tribe, submitted an application before the Sub Divisional Officer. The petitioner relied upon the caste certificate issued to the grand-father of the petitioner dated 2.7.1980. The petitioner also placed reliance upon the validity certificate issued to the second cousin of the petitioner. The Sub Divisional Officer rejected the application on the ground that the aforesaid documents were of recent origin and could not be relied upon. The appeal filed by the petitioner also came to be dismissed. - 3 - 4] According to us, since the grand-father of the petitioner has been issued with the caste certificate and th aforesaid caste certificate has not been doubted by the Sub Divisional Officer, the petitioner ought to have been issued with the caste certificate. Resultantly, this petition is allowed. The impugned orders are quashed and set aside and the Sub Divisional Officer is directed to forthwith issue caste certificate to the petitioner as belonging to “Koli Mahadeo”. Rule is made absolute. No order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c3071028