{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4603 OF 2009 Kum.Mamta d/o Dashrath Siddamwad Age-19 years, Occ-Education R/o At Post-Kosmeth, Tq-Kinwat Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy.Director (R) 3. The Sub Divisional Officer, Kinwat Tq-Kinwat, Dist-Nanded RESPONDENTS WITH WRIT PETITION NO.4615 OF 2009 Kum.Rupali d/o Dashrath Siddamwad Age-Minor, Occ-Education Through father, natural guardian Dashrath Chennappa Sinddamwad R/o At Post-Kosmeth, Tq-Kinwat Dist-Nanded PETITIONER VERSUS {2} 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy.Director (R) 3. The Sub Divisional Officer, Kinwat Tq-Kinwat, Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for petitioners Mr.N.N.Jadhav, AGP for respondents No.1 and 3 Mr.R.P.Phatake, Advocate for respondent No.2. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 30th July 2009 JUDGMENT (PER A.V.POTDAR, J.) : 1. As both these writ petitions are preferred by two real sisters on the basis of same set of documents and identical question of law is involved in the petitions, these petitions can be 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} 3. The petitioners by these petitions, under Article 226 of the Constitution of India, impugn judgment and orders dated 30.06.2009 passed by the Scrutiny Committee confirming the orders passed by the Sub Divisional Officer, Kinwat dated 28.04.2009 by which the applications of the petitioners for issuance of a caste certificates were rejected. 4. Heard learned counsel for the parties. 5. It appears that the petitioners, who are real sisters, have filed applications before the Sub Divisional Officer, Kinwat for issuance of caste certificates claiming that they belong to Mannerwarlu Scheduled Tribe. The petitioners have produced various documents along with the applications. However, it appears that without considering the said documents, the Sub Divisional Officer, Kinwat, vide orders dated 28.04.2009 rejected the applications of the petitioners. It further appears that being aggrieved by the said orders of rejection the petitioners have preferred appeals before Scrutiny Committee. Both the appeals preferred by the petitioners came to be dismissed by the Scrutiny Committee vide orders dated 30.06.2009 by observing that “the Scrutiny Committee deeply observed the order passed by the Sub Divisional Officer and the documentary evidence submitted by the appellant along with the proposal and the Committee have come to the conclusion that the order passed by the Sub Divisional Officer, {4} is satisfactory and therefore the committee is agreed with the decision of the Sub Divisional Officer and hence the said appeal is rejected”. 6. The Sub Divisional Officer, Kinwat has observed that as per Rule 3 (3) of the Rules it is the liability of the applicant to prove that the applicant belongs to the caste to which he is claiming. It is also observed that proper opportunity was given to the applicants, however, they failed to produce cogent revenue record / evidence, to establish their claim. The orders of the Sub Divisional Officer nowhere disclose that what documents were produced by the petitioners and why the same were rejected by concluding that they are not sufficient to hold that the petitioners are entitled for issuance of the caste certificates. The conclusion of the Sub Divisional Officer is blindly accepted by the Scrutiny Committee. Thus, it is a clear case of non application of mind by the authorities below. We, therefore, allow this petition and quash and set aside the orders passed by the Scrutiny Committee dated 30.06.2009 and Sub Divisional Officer dated 28.04.2009 and remit the matter back to the Sub Divisional Officer, Kinwat to consider the documents produced by the petitioners and then to decide the same in accordance with law. 7. We direct the petitioners to appear before the Sub Divisional Officer, Kinwat within two weeks from today. We also direct the Sub Divisional Officer, Kinwat to decide the applications {5} submitted by the the petitioners, in accordance with law, within three months from the date of submission of the applications. 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/wp4603-09