1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6761 OF 2009 Narsimalu S/o.Moglaji Hingawar, Age-25 years, Occu-Education, R/o.Tamloor, Taluka Degloor, District : Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director. (R) Aurangabad. 3. The Sub-Divisional Officer, Degloor, Tq.Degloor, Dist. Nanded RESPONDENTS Mr.P.V.Jadhavar, learned counsel for the petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3 Mr.R.P.Phatke, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 09/10/2009 ORAL JUDGMENT : (Per, A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. With the consent of 2 learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has challenged the judgment and order passed by the Scrutiny Committee, Aurangabad Division Aurangabad in Appeal No.20/2009 vide judgment and order dated 30/03/2009 by which the Divisional Scrutiny Committee dismissed the appeal filed by the petitioner and confirmed the order passed by the Sub Divisional Officer Degloor, by which he has rejected the application filed by the petitioner for issuance of caste certificate as he belongs to Mannerwarlu Scheduled Tribe vide his order dated 01/01/2009. 3. The facts which gave rise to file the present writ petition can be summarized as - the petitioner has filed an application before the Sub Divisional Officer, Degloor dated 22/05/2008 for issuance of caste certificate as the petitioner claimed that he belongs to Mannerwarlu Scheduled Tribe. Alongwith the said application, the petitioner has produced in all 11 documents including the caste validity certificate issued to his 2 real sisters. It appears that the Sub Divisional Officer, Degloor was not pleased with the documentary evidence produced by the petitioner and as according to him, the documentary evidence produced by the petitioner is not sufficient for issuance of caste certificate to the petitioner as prayed for, rejected the application vide his order dated 01/01/2009. Being 3 aggrieved by the said order, the petitioner has filed an appeal before the Divisional Scrutiny Committee, Aurangabad Division Aurangabad which was numbered as appeal no.20/2009. Vide judgment and order dated 30/03/2009, the said appeal was dismissed by the Divisional Scrutiny Committee, Aurangabad Division Aurangabad and confirmed the order passed by the Sub Divisional Officer Degloor dated 01/01/2009, which judgment and order passed by the Divisional Scrutiny Committee as well as the order passed by the Sub Divisional Officer, Degloor are impugned in this writ petition. 4. Heard respective counsels for the parties. 5. During the course of submissions across the bar, our attention is drawn towards the caste validity certificate issued to 2 real sisters of the present petitioner by the Tribal Development Department, Triable Research Training Institution, Maharashtra State, Pune on 11/09/2006 vide certificate case no.6178/2006 and 6179/2006. Our attention is also drawn towards the affidavit filed by these 2 sisters and the genealogy filed alongwith those affidavits. The genealogy clearly established that the caste validity certificate holders and the present applicant are claiming the caste through their father Sayalu Hingawar and if the caste of the real sisters of the petitioner is validated by the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division Aurangabad, this evidence is prima-facie sufficient to hold that the petitioner is belonging to Mannerwarlu Schedule Tribe. It appears that the documentary evidence tendered 4 by the petitioner was not properly appreciated and not considered at all either by the Sub Divisional Officer or by the Divisional Scrutiny Committee, Aurangabad Division Aurangabad in appeal. In the premise, the order passed by the Sub Divisional Officer, Degloor, rejecting the application of the petitioner for issuance of caste certificate as well as the judgment and order passed by the Divisional Scrutiny Committee, Aurangabad Division Aurangabad in appeal are erroneous and on non application of mind about the documents produced. Hence the impugned judgment and order passed by the Divisional Scrutiny Committee, Aurangabad Division Aurangabad as well as the order passed by the Sub Divisional Officer, Degloor are liable to be quashed and set aside. Hence we quash and set aside the judgment and order passed by the Divisional Scrutiny Committee as well as the Sub Divisional Officer, Degloor. We hereby direct Sub Divisional Officer, Degloor to issue caste certificate to the petitioner that he belongs to Mannerwarlu Scheduled Tribe forthwith. 6. Needless to say that the caste certificate issued would be subject to verification by the competent Scrutiny Committee. 7. Rule is thus made absolute on the terms indicated above with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6761-09 5