1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6615 OF 2009 1) Umar Shah s/o Ameer Shah, Age-48 years, Occu:Labour, R/o-Hussain Colony, Garkheda Parisar, Aurangabad, 2) Mohsin Shah s/o Umar Shah, Age-17 years, Occu:Education, Minor U/g. of Petitioner No.1 Umar Shah s/o Ameer Shah, R/o-As above. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through Secretary, Tribal Development Department, Mantralaya, Mumbai-32, 2) The Scheduled Caste, Vimukta Jati Nomadic Tribes, Other Backward Classes And Special Backward Classes Caste Certificate Scrutiny Committee No.1, Aurangabad Region, Aurangabad, 3) The Sub Divisional Officer, Aurangabad. ...RESPONDENTS. ... Shri.S.B. Talekar Advocate for Petitioners. Shri.V.B. Ghatge, A.G.P. for Respondents. ... 2 CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 24TH JUNE, 2010. ORAL JUDGMENT (PER NARESH H. PATIL, J.) : 1. Heard learned counsel for the parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the admission stage. 2. The Petitioners claim to be belonging to "Chapperband" caste. The Petitioners filed applications before the Sub Divisional Officer, Aurangabad for getting caste certificate. The Sub Divisional Officer, by an orders dated 19th May, 2009 rejected the said applications. The Petitioners preferred appeals before the Caste Scrutiny Committee against the said orders. By orders dated 14th July, 2009 the Committee dismissed the said appeals. 3 3. The original record was produced before us by the counsel for the Committee. We have perused the same. The learned counsel for the Petitioners submits that real brother of the Petitioner was granted caste certificate, as belonging to "Chapparband" caste, by the Sub Divisional Officer. The Petitioners produced old revenue record, caste certificates of relatives. From the original record, we find that the Home Enquiry was conducted. The counsel for the Petitioners submits that the Petitioners have not received report of the Home Enquiry. 4. Considering the original record and the submissions advanced before us, we find that prima facie, the Petitioners have made out a case for grant of caste certificates as belonging to "Chapparband" caste. 5. We, therefore, set aside both the impugned orders. We direct the Sub Divisional 4 officer concerned to issue caste certificates as belonging to "Chapparband" caste to the Petitioners. It is made clear that such certificates issued by the Sub Divisional Officer, would be subject to scrutiny by the Caste Scrutiny Committee. All issues are kept open. . Rule is made absolute on the terms indicated above. [K.K. TATED, J.] [NARESH H. PATIL, J.] asb/JUNE10/wp6615.09