{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6945 OF 2009 Gangadhar s/o Marotirao Kachkalwar R/o 27, Occ-Nil R/o Tamlur, Tq-Degloor, 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 Deputy Director (R) 3. The Sub Divisional Officer, Degloor Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for the petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 15th October 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Today, the writ petition came to be amended as per the order passed in Civil Application No.10945/2009 by which we have {2} allowed the petitioner to produce copies of certain orders along with caste certificate issued in favour of the real brother of the petitioner and also to tender affidavit of his real brother dated 25.08.2009. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 3. By the present petition, under Article 226 of the Constitution of India, the petitioner has challenged the judgment and order dated 31.03.2009 passed by the Scrutiny Committee, Aurangabad in Appeal No.746/2008 by which the appeal filed by the petitioner came to be dismissed and the order dated 27.10.2008 passed by the Sub Divisional Officer came to be confirmed, by which the Sub Divisional Officer has rejected the application of the petitioner. 4. At the outset, the facts which gave rise to file the present petition can be summarized thus - The petitioner had submitted an application before the Sub Divisional Officer on 08.09.2008 seeking caste certificate claiming to be belonging to Mannerwarlu Scheduled Tribe. Along with the said application the petitioner had also submitted various documents, including caste validity certificate issued to his cousin along with his affidavit and genealogy disclosing the interse relations between the caste validity certificate holder and the present petitioner. It appears that the Sub Divisional Officer was not impressed with the documents submitted by the petitioner and rejected the application as according to him the {3} documents submitted by the petitioner are not sufficient to issue caste certificate as prayed for. It further appears that being aggrieved by the said order passed by the Sub Divisional Officer the petitioner has preferred an appeal before the Scrutiny Committee, Aurangabad. Vide judgment and order dated 31.03.2009, the Scrutiny Committee dismissed the appeal preferred by the petitioner and confirmed the order passed by the Sub Divisional Officer. These orders are impugned in the present petition. 5. Heard learned counsel for the parties. 6. During the course of submissions, learned counsel appearing for the petitioner invited our attention towards the documents, produced today, i.e. copy of the judgment dated 25.02.2008 passed by the Scrutiny Committee in appeal No.287/2007, which was filed by the real brother of the petitioner, which came to be allowed by the Scrutiny Committee and the order of the Sub Divisional Officer, rejecting the application of the appellant therein, real brother of the petitioner, was set aside. Accordingly caste certificate came to be issued to the real brother of the petitioner on 24.03.2008 by the Sub Divisional Officer, Degloor. Real brother of the present petitioner has also filed his affidavit and genealogy indicating the relationship between the present petitioner and the caste certificate holder. According to us, this document, now produced on record, is prima facie sufficient to hold that the petitioner is entitled to be issued caste certificate to the effect that he belongs to Mannerwarlu Scheduled Tribe. In the premise, this petition succeeds. We hereby quash and set aside the impugned judgment and order dated 31.03.2009 passed by the Divisional Scrutiny Committee, Aurangabad as {4} well as order dated 27.10.2008 passed by the Sub Divisional Officer, Degloor. We further direct the Sub Divisional Officer, Degloor to issue caste certificate in favour of the petitioner to the effect that the petitioner belongs to Mannerwarlu Scheduled Tribe, forthwith. 7. Needless to state that the caste certificate to be issued will 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/wp6945-09