{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6022 OF 2009 Umakant Shyamsundar Mankawar R/o At.Post, Tamlur, Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R) 3. The Sub Divisional Officer Degloor, Tq-Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 & 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6027 OF 2009 Suryakant Shyamsundar Mankawar R/o At.Post, Tamlur, Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, {2} Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Deputy Director (R) 3. The Sub Divisional Officer Degloor, Tq-Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.V.H.Dighe, A.G.P. for respondents No.1 & 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE :10th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed by real brothers on identical set of facts and as common question of law is involved in these petitions, these petitions are being disposed of by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 3. By these petitions, under Article 226 of the Constitution of India, the petitioners have challenged the orders dated 04.08.2009 passed by the Scrutiny Committee dismissing the appeals filed by the {3} petitioners and confirming the orders passed by the Sub Divisional Officer, Degloor dated 31.05.2009. 4. It appears that the petitioners, who are real brothers, had filed applications before the Sub Divisional Officer, Degloor seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had submitted various documents along with the applications, including caste validity certificate issued in favour of their real brother, namely Chandrakant Shaymsundar Mankawar. However, the Sub Divisional Officer, ignoring this important document, rejected the applications of the petitioners vide order dated 31.05.2009 by observing that the documents produced by the petitioners are not sufficient to issue caste certificate in their favour. It further appears that the petitioners have challenged the said orders by filing appeals before the Scrutiny Committee. However, the Scrutiny Committee dismissed the appeals vide orders dated 04.08.2009. The said orders are impugned in these petitions. 5. Heard learned counsel for the parties. 6. Learned counsel for petitioners heavily relied on the validity certificate issued in favour of real brother of the petitioners, which was submitted before the Sub Divisional Officer. It is but natural that the brothers are entitled for the same caste. In the premise, it is apparent on record that the Sub Divisional Officer as well as Scrutiny Committee has not considered this document at all and therefore, arrived at erroneous conclusion. The document on record, i.e. validity certificated issued in favour of real brother of the petitioners, prima facie establishes the caste {4} of the real brother of the petitioners, which is not at all considered by the Sub Divisional Officer and Scrutiny Committee and hence the orders impugned in these petitions are liable to be quashed and set aside. Accordingly, we allow these petitions and quash and set aside the impugned order passed by the Sub Divisional Officer, Degloor as well as Scrutiny Committee, Aurangabad. We hereby direct the Sub Divisional Officer, Degloor to issue caste certificates in favour of the petitioners to the effect that they belong to Mannerwarlu Scheduled Tribe, forthwith. 7. It is needless to state that the certificates to be issued would be subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6022-09