1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6128 OF 2010 Sagar Krishna Totawar, Age : 15 years (Minor) Through natural guardian i.e. father Krishna Naganna Totawar, Age : 39 years, Occu. Service, R/o Degloor, Tq. Degloor, Dist. Nanded ..PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Divisioin, Aurangabad Through its Member Secretary 2. Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded ..RESPONDENTS Mr S.S. Phatale, Advocate for the petitioner; Mr R.P. Phatke, Advocate for respondent no.1; Mrs A.V. Gondhalekar, A.G.P. for respondent no.2 WITH WRIT PETITION NO.6169 OF 2010 Pallavi Krishna Totawar, Age : 17 years (Minor) Through natural guardian i.e. father Krishna Naganna Totawar, Age : 39 years, Occ. Service R/o Degloor, Tq. Degloor, Dist. Nanded ..PETITIONER 2 VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Divisioin, Aurangabad Through its Member Secretary 2. Sub-Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded ..RESPONDENTS Mr S.S. Phatale, Advocate for the petitioner; Mr P. S. Patil, Advocate for respondent no.1; Mrs A.V. Gondhalekar, A.G.P. for respondent no.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties these petitions are heard finally at the stage of admission. 2. These two petitions have been filed by brother and sister taking exception to the order passed by the Sub-Divisional Officer, Degloor rejecting the application for issuance of a caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe and 3 the judgment of the Scrutiny Committee in appeal dismissing the said appeal. 3. Since the petitioners are related inter se, we consider it appropriate to decide these petitions by this common judgment. 4. The petitioners, who were desirous of obtaining certificate as belonging to "Mannerwarlu" - Scheduled Tribe, submitted application before the Sub-Divisional Officer, Degloor. The petitioners relied upon the validity certificate issued to their father. The Sub-Divisional Officer, Degloor rejected the application on the ground that the caste of the relatives of the petitioner was recorded as "Manurwar" in the census register of 1951. 5. According to us, the aforesaid observation of the Sub- Divisional Officer is unsustainable in law. Father of the petitioners has been issued with the caste validity certificate and on the basis of the said validity certificate the petitioners ought to have been issued with the certificate as belonging to "Mannerwarlu" - Scheduled Tribe. 6. Accordingly, these petitions are allowed and impugned orders are quashed and set aside and the Sub-Divisional Officer, 4 Degloor is directed to forthwith issue certificate to the petitioners as belonging to "Mannerwarlu" - Scheduled Tribe. 7. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6128.10