{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5638 OF 2009 Nilkanth Laxmanrao Kamthewad R/o Kushnur, Tq-Naigaon, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangbad Through its Deputy Director (R) 3. The Sub Divisional Officer Degloor, Tq-Degloor Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.N.N.Jadhav, A.G.P. for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 26th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, 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} 2. By this petition, under Article 226 of the Constitution of India, the petitioner challenges the order dated 17.07.2009 passed by the Scrutiny Committee, Aurangabad thereby confirming the order dated 06.12.2008 passed by the Sub Divisional Officer, Degloor, by which the Sub Divisional Officer had rejected the application submitted by the petitioner seeking caste certificate claiming to be belonging to Mannerwarlu Scheduled Tribe. 3. It appears that the petitioner had filed an application before the Sub Divisional Officer, Degloor for issuance of caste certificate as he claimed to be belonging to Mannerwarlu Scheduled Tribe. The petitioner had submitted various documents along with the application including School Leaving Certificate and Caste certificate issued in the name of the father of the petitioner, in which caste of the father of the petitioner is mentioned as Mannerwarlu, which is recognized as Scheduled Tribe at serial No.27 of the enactment. By order dated 06.12.2008, the Sub Divisional Officer, Degloor rejected the application by observing that the documents produced by the petitioner are not sufficient to issue caste certificate as claimed by the petitioner. Being aggrieved by the said order the petitioner has preferred an appeal before the Scrutiny Committee. However, the Scrutiny Committee, vide order dated 17.07.2009, confirmed the order of the Sub Divisional Officer and rejected the appeal. These orders are impugned in the present petition. 4. Heard learned counsel for the parties. 5. During the course of submissions across the bar our {3} attention is drawn towards the caste certificate issued in favour of the father of the petitioner. It appears that this important document is not at all considered by the Sub Divisional Officer, as it is but natural that the son is entitled to the caste of his father. It also appears that without appreciating the said document, the Scrutiny Committee blindly confirmed the order of the Sub Divisional Officer. Thus, on perusal of the orders passed by the Scrutiny Committee as well as by the Sub Divisional Officer, it is clear that both the orders are perverse and passed without application of mind and hence require to be quashed and set aside. Accordingly, we quash and set aside the impugned orders dated 17.07.2009 passed by the Scrutiny Committee and dated 06.12.2008 passed by the Sub Divisional Officer, Degloor. We hereby direct the Sub Divisional Officer, Degloor to issue caste certificate in favour of the petitioner to the effect that the petitioner belongs to Mannerwarlu Scheduled Tribe, forthwith. 6. Needless to say that the caste certificate to be issued will be subject to verification by the competent scrutiny committee. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5638-09