1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5871 OF 2010 Yogesh s/o Sambhaji Surawad, Age Minor, Occupation Education, R/o Degloor, Taluka Degloor, District Nanded Through Power of Attorney Holder, Shri Suresh s/o Gangaram Dubbalwar, Age 40 years, Occup.Agril., 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 Dy.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 WRIT PETITION NO.5878 OF 2010 Mangesh s/o Sambhaji Surawad, Age 18 years, Occu.Education, R/o Degloor, Tq.Degloor, District Nanded Through Through Power of Attorney Holder, Shri Suresh s/o Gangaram Dubbalwar, Age 40 years, Occup.Agril., R/o As above ..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 petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondents 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 6th July 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, these two petitions are being decided finally at this stage by this common judgment. 2. The petitioners impugn the order passed by the Sub Divisional Officer, Degloor rejecting the applications filed by the petitioners for issuance of caste certificates to them as well as the order passed by the Scrutiny Committee in appeals dismissing the appeals filed by the petitioners. 3 3. The petitioners, who were desirous of obtaining caste certificates as belonging to Koli Mahadev – Scheduled Tribe, submitted applications to the Sub Divisional Officer, Degloor. The petitioners relied upon the caste certificate issued to their father. The Sub Divisional Officer, Degloor rejected the applications on the ground that in the census record the caste of the grandfather of the petitioners was recorded as “Koli”. 4. According to us, since the father of the petitioners has been issued with a certificate as belonging to Koli Mahadev – Scheduled Tribe, the petitioners ought to have been issued with the aforesaid certificate. In such circumstances, therefore, we allow these petitions, quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor 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/5871.10wp)