1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3282 OF 2010 Kum. Rukmin D/o Iranna Totawad, Age : 21 Years, Occu-Education, R/o At Post Golegaon, Tq. Biloli, District Nanded ..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 Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 3; Mr P.S. Patil, Advocate for respondent no.2. WITH WRIT PETITION NO.3283 OF 2010 Anil s/o Iranna Totawad, Age - 26 Years, Occu- Education, R/o At Post Golegaon, Tq. Biloli, District Nanded ..PETITIONER 2 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 Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mrs A.V. Gondhalekar, A.G.P. for respondents no.1 & 3; Mr R.P. Phatke, Advocate for respondent no.2. CORAM : P.V. HARDAS AND S.V. GANGAPURWALA, JJ DATE : 20th April, 2010 ORAL JUDGMENT [ PER P.V.HARDAS , J ] Rule. Rule returnable forthwith. Since both these petitions raise similar question, with the consent of learned Counsel for the parties these petitions are heard finally at this stage. 2. The petitioners by these petitions challenge the order passed by the Sub-Divisional Officer, Degloor and confirmed by the Scrutiny Committee in Appeal, rejecting the appeals filed by 3 the petitioners. According to the petitioners, an important and a vital document i. e. the caste certificate granted to the real brother of the petitioners could not be produced before the Sub- Divisional Officer, Degloor on account of oversight. It is further stated that in the event such opportunity is not made available, the petitioners would be put to severe hardships. 3. Since the brother of the petitioners has been issued with a certificate as belonging to "Mannerwarlu" - Scheduled Tribe and as the petitioner could not produce the said certificate before the Sub-Divisional Officer, we allow this petition; quash and set aside the impugned orders and permit the petitioners to produce the caste certificate of their brother before the Sub-Divisional Officer, Degloor and further direct the Sub-Divisional Officer, Degloor to decide the said application in accordance with law. We permit the petitioners to produce the said certificate within two weeks from today and further direct the Sub-Divisional Officer, Degloor to decide the said application within two weeks thereafter. 4 4. Rule is made absolute on the above terms with no order as to costs. ( S.V. GANGAPURWALA ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp3282.10