- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NOS.7286/2010, 7287/2010 & 7297/2010 WRIT PETITION NO.7286/2010 Kum.Dipika d/o Babu Basapure, age minor, occu.education, r/o Kundalwadi Tq.Biloli Dist.Nanded. Through father / natural guardian Shri Babu s/o Pundalik Basapure, age 39 yrs., occu.agri., r/o as above. ...Petitioner.. Versus 1] The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2] The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad. Through its Dy.Director (R), Aurangabad. 3] The Sub Divisional Officer, Degloor. Dist.Nanded. ...Respondents... ..... Shri S.M. Vibhute, 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. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- - 2 - WRIT PETITION NO.7287/2010 Swapnil s/o Babu Basapure, age minor, occu.education, r/o Kundalwadi Tq.Biloli Dist.Nanded. Through father / natural guardian Shri Babu s/o Pundalik Basapure, age 39 yrs., occu.agri., r/o as above. ...Petitioner.. Versus 1] The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2] The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad. Through its Dy.Director (R), Aurangabad. 3] The Sub Divisional Officer, Degloor. Dist.Nanded. ...Respondents... ..... Shri S.M. Vibhute, Advocate for petitioner. Shri K.J. Ghute Patil, AGP for respondent nos.1 & 3. Smt.Sarika Deshpande, Advocate h/f Shri R.P. Phatake, Advocate for respondent no.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= WRIT PETITION NO.7297/2010 Saurabh s/o Babu Basapure, age minor, occu.education, r/o Kundalwadi Tq.Biloli Dist.Nanded. Through father / natural guardian Shri Babu s/o Pundalik Basapure age 39 yrs., occu.agri., r/o as above. ...Petitioner... - 3 - Versus 1] The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2] The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad. Through its Dy.Director (R), Aurangabad. 3] The Sub Divisional Officer, Degloor. Dist.Nanded. ...Respondents... ..... Shri S.M. Vibhute, Advocate for petitioner. Shri S.K. Tambe, 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.): 1] Heard learned counsel for the parties. 2] Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission and are being decided by this common judgment. - 4 - 3] The petitioners impugn the orders passed by the Sub Divisional Officer, Degloor, rejecting the applications of the petitioners and the orders of the Scrutiny Committee in appeals confirming the order of the Sub Divisional Officer. The petitioners, who are desirous of obtaining certificates as belonging to Mannerwarlu – scheduled tribe, applied to the Sub Divisional Officer, Degloor, and relied upon the validity certificate issued to the first cousin of the father of the petitioners i.e. uncle of the petitioners. The Sub Divisional Officer rejected the applications on the ground that the document was of recent origin and the petitioners had not produced the evidence from the revenue entries. 4] According to us, since the uncle of the petitioners has been issued with the validity certificate, the petitioners ought to have been issued with the certificates as belonging to Mannerwarlu – scheduled tribe. In that light of the matter, the petitions are allowed. The impugned orders are quashed and set aside. The Sub Divisional Officer, Degloor, is directed to forthwith issue caste certificates to the petitioners. Rule made absolute. No order as to costs. (N.D. Deshpande, J.) (P.V. Hardas, J.) ndk/c1381010