{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6955 OF 2009 Ashatai d/o Rameshwar Bhute Age-Minor Through Natural Guardian / Father Shri Rameshwar s/o Datta Bhute Age-36 years, Occ-Agril. R/o At Post-Barbada, Tq-Naigaon, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through the Secretary, Tribal Development Department, Mantralaya, Mumbai -32 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) Aurangabad 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6957 OF 2009 Jayashree d/o Rameshwar Bhute Age-Minor Through Natural Guardian / Father Shri Rameshwar s/o Datta Bhute Age-36 years, Occ-Agril. R/o At Post-Barbada, Tq-Naigaon, Dist-Nanded PETITIONER {2} VERSUS 1. The State of Maharashtra, Through the Secretary, Tribal Development Department, Mantralaya, Mumbai -32 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) Aurangabad 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondents No.1 and 3 Mr.P.S.Patil, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 15th October 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed by the real sisters on the same set of facts and a common question of law is involved in these petitions, hence these petitions are being decided by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 3. By these petitions, under Article 226 of the Constitution of India, the petitioners have challenged the judgment and order dated {3} 21.03.2009 passed by the Divisional Scrutiny Committee, Aurangabad in Appeals No.31/2009 and 32/2009, thereby dismissing the said appeals and confirming the orders dated 14.12.2008 passed by the Sub Divisional Officer, Degloor, by which the Sub Divisional Officer had rejected the applications of the petitioners. 4. At the outset, the facts which gave rise to file the present petitions may be summarized thus- The petitioners had submitted applications before the Sub Divisional Officer, Degloor, on 17.03.2008 seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners, along with their respective applications, had also submitted various documents including school leaving certificate and caste certificate issued to their father, Rameshwar Datta Bhute. It appears that the Sub Divisional Officer, Degloor rejected the applications of the petitioners vide orders dated 14.12.2008 by observing that the documents submitted by the petitioners are not sufficient to issue caste certificates in their favour as claimed for. It also appears that being aggrieved by the orders passed by the Sub Divisional Officer, the petitioners preferred appeals before the Divisional Scrutiny Committee, Aurangabad. However, the Scrutiny Committee, vide its judgment and order dated 21.03.2009, dismissed the appeals filed by the petitioners and confirmed the orders passed by the Sub Divisional Officer. The said orders are impugned in these petitions. 5. Heard learned counsel for the parties. {4} 6. During the course of submissions, our attention is drawn by the learned counsel appearing for the petitioners towards the caste certificate issued to the father of the petitioners by the Taluka Executive Magistrate, Biloli on 10.07.1990. Obviously, the children are entitled to the caste of their father. The caste certificate issued to the father of the petitioners, which was also submitted before the authorities, is prima facie sufficient to issue caste certificate in favour of the petitioners. It appears that this vital document is not properly appreciated either by the Sub Divisional Officer or by the Divisional Scrutiny Committee and erroneously rejected the claim of the petitioners. Since, the impugned orders are passed without application of mind, the same are liable to be quashed and set aside. Accordingly, these petitions succeed. We hereby quash and set aside the orders impugned in these petitions. We further direct the Sub Divisional Officer, Degloor, to issue caste certificates in favour of the petitioners to the effect that the petitioners belong to Mannerwarlu Scheduled Tribe, forthwith. 7. Needless to state that the caste certificates to be issued will be subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6955-09