1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5932 OF 2009 Ganesh S/o.Shivaji Kondawar, Age­Minor, Occu­Education, R/o.Kundalwadi, Tq.Biloli, Dist.Nanded, Through Power of Attorney Holder, Shri.Shivaji S/o.Sayanna Kondawar, Age­29 years, Occu­Agrilculturist. 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, District­Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for the petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3 Mr.R.P.Phatke, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 08/09/2009 2 ORAL JUDGMENT : (Per A.V.POTDAR, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner is challenging the judgment and order passed by The Scrutiny Committee, Aurangabad Division Aurangabad dated 30/04/2009 by which the Scrutiny Committee has directed the appellant to submit the documents before the Sub Divisional Officer with affidavit regarding the validity of the relative. The Sub Divisional Officer, Degloor vide his order dated 09/01/2009 has rejected the application submitted by the petitioner for issuance of caste certificate of Mannerwarlu Scheduled Tribe. 3. The facts which gave rise to file the present writ petition can be summarized as the petitioner has filed an application on 28/09/2008 before the Sub Divisional Officer, Degloor for issuance of the caste certificate as he claimed that he belongs to Mannerwarlu Scheduled Tribe. Alongwith this application, he has submitted various documents including copy of school leaving certificate, copy of first page of the service book, the caste certificate issued in the name of his father and also the affidavit of his father. According to Sub Divisional Officer, Degloor, these documents produced by the petitioner applicant are not sufficient for issuance of the caste certificate as claimed by the petitioner applicant. Being aggrieved by 3 the said judgment and order, the petitioner has filed an appeal before the Scrutiny Committee, Aurangabad Division Aurangabad, by judgment and order dated 06/02/2009, the Committee has remitted the matter back to The Sub Divisional Officer Degloor for consideration which is the impugned order in the present writ petition. 4. Heard respective counsels for the parties. 5. During the course of submissions across the bar our attention is drawn by learned counsel appearing for the petitioner towards 3 documents i.e. the school leaving certificate of the father of the petitioner wherein his caste is shown as Mannerwarlu Scheduled Tribe. The caste certificate issued in the name of father of the petitioner wherein his caste is shown as Mannerwarlu, this is the certificate dated 17/06/1987 issued by the Taluka Executive Magistrate Biloli, District Nanded. It is but natural that the son is entitled for the caste of his father. In the premise, as these documents produced by the applicant petitioner in support of his caste claim are not considered by the Sub Divisional Officer, Degloor and rejected the application for issuance of caste certificate is itself is an erroneous finding. Apart from it, during the course of arguments, our attention is drawn towards the judgment and order passed in Appeal No.50/2009 on 31/03/2009 by the same Committee by which the caste certificate is issued to the real brother of the present petitioner by allowing the appeal preferred by the real brother of the 4 present petitioner. Considering this documentary evidence which prima facie goes to show that the judgment and order passed by the Scrutiny Committee Aurangabad in Appeal No.49/2009 as well as the order passed by the Sub Divisional Officer, Degloor of rejection of the application submitted by the petitioner for issuance of caste certificate are liable to be quashed and set aside. Accordingly we quash and set aside the impugned judgment and order passed by the Scrutiny Committee as well as the Sub Divisional Officer, Degloor while rejecting the application submitted by the petitioner for issuance of caste certificate and we hereby direct Sub Divisional Officer, Degloor to issue certificate that the petitioner belongs to Mannerwarlu Scheduled Tribe forthwith. 6. Needless to say that the caste certificate issued would 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.) khs/SEP 2009/wp5932­09