1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5325 OF 2009 Sahebrao S/o.Shankarrao Bombilwar, Age-27 years, Occu-Student, R/o.Hingani, Tq.Biloli, Dist. Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist.Nanded 2. Scheduled Tribe Caste Certificate Vertification and Scrutiny Committee, Aurangabad Through its Member Secretary RESPONDENTS Mr.S.S.Phatale, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 Mr.R.P.Phatake, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 14/08/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of the parties, the writ petition is finally heard at the stage of admission. 2. By the present writ petition under Article 226 of The 2 Constitution of India, the petitioner has challenged the order passed by the Scrutiny Committee, Aurangabad Division Aurangabad, dated 30/04/2009 by which the members of the Scrutiny Committee have set aside the order passed by the Sub Divisional Officer, Degloor dated 06/12/2008 rejecting the application filed by the applicant petitioner dated 10/06/2008 and remanded the matter back to the Sub Divisional Officer, Degloor to hear it afresh. 3. The facts which gave rise to file the present writ petition can be summarized as : the applicant/petitioner has filed an application on 10/06/2008 before the Sub Divisional Officer, Degloor. Alongwith the said application, the applicant has produced various documents including the affidavit of his father Shankar Ramanna and the affidavit, caste validity certificate and the genealogy alongwith the said affidavit of his real sister Surekha Mogalaji Shirshetwar. The Sub Divisional Officer, Degloor, by his order dated 06/12/2008 rejected the application on the ground that the documents produced on behalf of applicant petitioner are not sufficient to grant the certificate of Mannerwarlu Scheduled Tribe. This order is challenged by the applicant petitioner before the Scrutiny Committee, Aurangabad Division Aurangabad in appeal No.800/2008 which was decided vide order dated 30/04/2009 and by setting aside the order passed by Sub Divisional Officer, Degloor, the Members of the Scrutiny Committee have remanded the matter back to the Sub Divisional Officer, Degloor for re-consideration. 3 4. In this background, heard learned counsel appearing for the petitioner and the respondents. Two points were urged before us – First considering the validity certificate issued in the name of real sister of the petitioner and her affidavit and genealogy produced alongwith the affidavit, as the caste validity certificate is issued to the real sister of the applicant petitioner as she belongs to Mannerwarlu Scheduled Tribe, the members of the Scrutiny Committee, Aurangabad Division Aurangabad ought to set aside the order passed by the Sub Divisional Officer, and to allow the appeal. The second submission is that the Scrutiny Committee have no jurisdiction to remand the matter to the Sub Divisional Officer for fresh consideration. 5. Considering these submissions across the bar, one fact is clear that the Scrutiny Committee have no jurisdiction to remand the matter to the Sub Divisional Officer, Degloor to hear afresh for re- consideration. Thus the order passed by the Scrutiny Committee, Aurangabad Division Aurangabad itself is the order passed without jurisdiction and not tenable in Law. We have also to accept the second submission that when the caste validity certificate is issued to the real sister of the petitioner/applicant, then that evidence is required to be appreciated by the Members of the Scrutiny Committee which they have not appreciated. Thus we incline to quash and set aside the order passed by the Members of the Scrutiny Committee, Aurangabad Division Aurangabad dated 30/04/2009 and the order passed by the Sub Divisional Officer, Degloor dated 06/12/2008. 4 Accordingly both the orders are hereby quashed and set aside. We hereby direct Sub Divisional Officer, Degloor to issue caste certificate to the petitioner applicant that he belongs to Mannerwarlu Scheduled Tribe. 6. Needless to say that the caste certificate so issued would be subject to verification by the competent Scrutiny Committee. 7. Rule thus made absolute as indicated above, and accordingly the writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5325-09