1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6096 OF 2009 Sapana D/o.Narsappa Raulwar, Age-18 years, Occu-Education, R/o.At-Post-Degloor, Tq.Degloor, Dist.Nanded through Power of Attorney Holder, Suresh S/o.Gangaram Dubbalwar, Age-35 years, Occu-Agriculturist, R/o.Degloor, Tq.Degloor, Dist.Nanded 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, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3. Mr.R.P.Phatake, Standing counsel for respondent no.2 WITH WRIT PETITION NO.6097 OF 2009 Sachin S/o.Narsappa Raulwar, Age-20 years, Occu-Education, R/o.At-Post-Degloor, Tq.Degloor, Dist.Nanded through Power of Attorney Holder, 2 Suresh S/o.Gangaram Dubbalwar, Age-35 years, Occu-Agriculturist, R/o.Degloor, Tq.Degloor, Dist.Nanded 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, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3. Mr.R.P.Phatake, Standing counsel for respondent no.2 WITH WRIT PETITION NO.6098 OF 2009 Sandeep S/o.Narsappa Raulwar, Age-Minor, Occu-Education, R/o.At-Post-Degloor, Tq.Degloor, Dist.Nanded through Power of Attorney Holder, Suresh S/o.Gangaram Dubbalwar, Age-35 years, Occu-Agriculturist, R/o.Degloor, Tq.Degloor, Dist.Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 3 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, learned counsel for petitioner. Mr.S.V.Kurundkar, learned AGP for respondent no.1 and 3. Mr.R.P.Phatake, Standing counsel for respondent no.2 WITH WRIT PETITION NO.6102 OF 2009 Santoshkumar S/o. Narsappa Raulwar, Age-22 years, Occu-Education, R/o.At-Post-Degloor, Tq.Degloor, Dist.Nanded through Power of Attorney Holder, Suresh S/o.Gangaram Dubbalwar, Age-35 years, Occu-Agriculturist, R/o.Degloor, Tq.Degloor, Dist.Nanded 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 4 Mr.S.M.Vibhute, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3. Mr.R.P.Phatake, Standing counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 14/09/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. All these writ petitions are filed by 3 real brothers and their sister based on the same set of facts and involved common question of Law, hence to be disposed of by one common judgment. 2. Rule. Rule made returnable forthwith. By consent of the parties, these petitions heard finally at the stage of admission. 3. By these petitions filed under Article 226 of The Constitution of India, the petitioners have challenged the judgment and order passed by the Scrutiny Committee, Aurangabad Division Aurangabad dated 30/06/2009 by which the Scrutiny Committee have dismissed the appeal No.214/2009, 215/2009. 216/2009 and 220/2009 by confirming the order passed by the Sub Divisional Officer, Degloor dated 02/04/2009 by which the applications filed by these petitioners for issuance of caste certificate as they belongs to Mannerwarlu Scheduled Tribe were rejected. 4. The facts which gave rise to file these writ petitions can be 5 summarized as all the petitioners have filed applications for issuance of case certificate as they have claimed that they belongs to Mannerwarlu Scheduled Tribe on 20/10/2008 before the Sub Divisional Officer, Degloor. Alongwith respective applications, these petitioners have also filed the relevant documents including the caste certificate issued in the name of their father Narsappa Narayan Raulwar. Extract of the first page of the service book of their father in which the caste of their father is recorded as Mannerwarlu Scheduled Tribe and affidavit of their father. They have also produced the validity certificate issued to their cousin Balaji Sayalu and also filed affidavit of the said Balaji alongwith the genealogy showing the relation interse between the caste certificate validity holder and these present petitioners. Vide order dated 23/03/2009, 02/04/2009, all these applications were rejected by the Sub Divisional Officer, Degloor on the ground that the documents produced by these petitioners in support of their caste claim are not sufficient for the issuance of caste certificate as claimed by them. Being aggrieved by the order passed by the Sub Divisional Officer, Degloor, 4 appeals were filed by these petitioners which were numbered as 214/2009, 215/2009. 216/2009 and 220/2009. All these appeals were dismissed by the Scrutiny Committee Aurangabad Division Aurangabad vide their judgment dated 30/06/2009 which are impugned in the present writ petition. 5. In this backdrop heard respective counsels appearing for the parties. 6 6. During the course of submissions across the bar, our attention is drawn towards the caste certificate issued in the name of father of these petitioners by the Tahsildar Degloor as well as affidavit filed by the father of the petitioners. One can find the reference of issuance of caste certificate in this affidavit which caste certificate was issued on 30/09/1974 by the then Tahsildar Degloor and accordingly the caste of the father of the petitioner was recorded in his service record. It is but natural that the children are entitled for the caste of their father. This documentary evidence produced by the petitioners alongwith their respective applications was neither considered by the Sub Divisional Officer, Degloor or by the members of the Scrutiny Committee Aurangabad Division Aurangabad in the appeal filed by these petitioners against the order passed by the Sub Divisional Officer, Degloor. Apparently from the documents produced before the Sub Divisional Officer, Degloor, they are prima facie sufficient to establish the caste of the petitioners herein. The documentary evidence produced by these petitioners before the Sub Divisional Officer, Degloor appears to be not properly appreciated and considered by the Sub Divisional Officer, Degloor as well as in appeals by the members of Scrutiny Committee, Aurangabad. In the premise, the impugned orders in the present writ petitions are liable to be quashed and set aside. Accordingly we quash and set aside the impugned order in the writ petitions passed by the Scrutiny Committee Aurangabad Division Aurangabad as well as the Sub Divisional Officer, Degloor and we hereby direct Sub Divisional Officer, Degloor to issue the caste certificate of Mannerwarlu 7 Scheduled Tribe to all the petitioners forthwith. 7. Needless to say that the caste certificate issued would 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.) khs/SEP 2009/wp6096-09