1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6941 OF 2010 Chaitanya s/o Venkat Royalwar, Age Minor, Occu.Education, R/o Degloor, Taluka Degloor, District Nanded Through father/natural Guardian, Shri Venkat s/o Gangaram Royalwar, Age 36 years, Occu.Business, 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 Deputy Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr.S.M.Vibhute Advocate for petitioner Mr.K.J.Ghute Patil Assistant Govt.Pleader for respondents 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 WRIT PETITION NO. 6942 OF 2010 Tushar s/o Venkat Royalwar, Age Minor, Occu.Education, R/o Degloor, Taluka Degloor, District Nanded Through father/natural Guardian, Shri Venkat s/o Gangaram Royalwar, Age 36 years, Occu.Business, R/o As above ..PETITIONER VERSUS 2 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, Through its Deputy Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr.S.M.Vibhute Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 and 3 Mr.P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 3rd August 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, these petitions are heard finally at the stage of admission. 2. Since the petitioners are related inter se and the reliefs prayed for by the petitioners in both the petitions is common, these petitions are heard finally and are being decided by this common judgment. 3 2. The petitioners by these petitions under Article 226 of the Constitution of India, challenge the order passed by the Sub Divisional Officer, Degloor rejecting the applications filed by the petitioners and the order passed by the Scrutiny Committee in appeal dismissing their appeals. 3. The petitioners, who were desirous of obtaining a caste certificates as belonging to Koli Mahadev – Scheduled Tribe, submitted applications through their father before the Sub Divisional Officer, Degloor. The petitioners relied upon the validity certificate issued to the real uncle of the petitioners. The Sub Divisional Officer rejected the said applications on the ground that in the census document, the caste of grandfather of the petitioners was recorded as Koli. The appeals filed by the petitioners also came to be dismissed. 4. According to us, since the real uncle of the petitioners i.e. the real brother of the father of the petitioners has been issued with the validity certificate as belonging to Koli Mahadev – Scheduled Tribe, the petitioners are also entitled to be issued with the caste certificates as belonging to Koli Mahadev – Scheduled Tribe. The petitioners have produced the genealogy and having also filed the affidavit of their uncle. 4 5. In that light of the matter, therefore, these petitions are allowed, the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificates to the petitioners as belonging to Koli Mahadev -Scheduled Tribe. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6941-6942.10wp)