1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5541 OF 2010 Rahul Nagnath Aulwar, Age 20 years, Occu.Education, R/o Degloor, Taluka Degloor, District Nanded .. PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS Mr.S.S.Phatale, Advocate holding for Mr.M.S.Deshmukh, Advocate for petitioner Mr.U.S.Malte, Advocate for respondent No.1 Mr.S.K.Kadam, Assistant Govt.Pleader for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 24th June 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of the Constitution of India the petitioner impugns the order passed by the Sub Divisional 2 Officer dated 3.2.2009 rejecting the application of the petitioner for issuance of a caste certificate as belonging to Mannerwarlu – Scheduled Tribe. The appeal filed by the petitioner against the said decision came to be dismissed by the scrutiny committee by its judgment dated 31.3.2009. 3. The main plank on which the petitioner relied for issuance of the said certificate was that his uncle Ramkishan Harishandra Aulwar has been issued with the caste certificate. Though the petitioner tendered the caste certificate before the Sub Divisional Officer, the petitioner did not filed the affidavit of his uncle nor did he produce the genealogy to establish the relationship between the petitioner and his uncle. The petitioner, along with this petition has filed the affidavit as well as the genealogy. Since the aforesaid documents were not available for scrutiny of the Sub Divisional Officer, according to us, it would be appropriate, if the matter is remitted back to the Sub Divisional Officer, Degloor so that the Sub Divisional Officer can scrutinise the said documents and decide the application of the petitioner afresh. 4. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned orders and remit the matter back to the Sub Divisional Officer, Degloor for a decision afresh, in accordance with law. We permit the petitioner to 3 produce the affidavit and the genealogy and also to file such other documents which the petitioner may consider important to establish his tribe status, within four weeks before the Sub Divisional Officer, Degloor. The Sub Divisional Officer, Degloor shall thereafter decide the application of the petitioner, afresh within eight weeks. 5. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5541.10wp)