{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5214 OF 2009 Chandrakant Sopan Mudewar R/o Shahapur, Tq-Degloor, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy. Director (R) 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 3 Mr.R.P.Phatake, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 11th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, 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} 2. By the present writ petition under Article 226 of the Constitution of India, the petitioner has challenged the judgment and order dated 30.03.2009 passed by the Scrutiny Committee by which the scrutiny committee has upheold the order dated 05.02.2009 passed by the Sub Divisional Officer, Degloor by which he had rejected the application submitted by the petitioner for issuance of caste certificate claiming to be belonging to Mahadeo Koli Scheduled Tribe. 3. It appears that the petitioner had submitted an application before the Sub Divisional Officer requesting for issuance of a caste certificate as he claimed to be belonging to Koli Mahadeo Scheduled Tribe. The petitioner had submitted various documents along with the said application including caste validity certificate issued in favour of his real uncle by name Ramlu Marotirao Kotilwar along with affidavit of said Ramlu in which he has given the genealogy. Said Ramlu has contended that though he is real uncle of the petitioner from paternal side yet his surname is changed after his marriage as he started residing at the residence of his wife’s parents and adopted their surname. This evidence was not accepted by the Sub Divisional Officer while rejecting the application filed by the petitioner. Being aggrieved by the said order, the petitioner has preferred appeal before the Scrutiny Committee. However, the scrutiny committee confirmed the order of the Sub Divisional Officer by observing that the Sub Divisional Officer has rightly concluded that the documents furnished by the petitioner are not sufficient to issue caste certificate in his favour. These orders are impugned in this petition. 4. Heard learned counsel for the parties. {3} 5. It is submitted by learned counsel for the petitioner that though the petitioner had submitted caste validity certificate issued in favour of his real uncle along with affidavit showing genealogy, yet the petitioner has ample proof to show that the said Ramlu is the real paternal uncle of the petitioner from paternal side. The counsel for the petitioner states that he is ready to furnish proper genealogy and additional documents before the Sub Divisional Officer and prayed for remand of the matter to the sub divisional officer. We accept these submissions. We hereby quash and set aside the impugned orders passed by the Scrutiny Committee and Sub Divisional Officer and remit the matter back to the Sub Divisional Officer, Degloor for consideration afresh in the light of submissions and documents to be produced before the SDO. 6. We hereby direct the petitioner to appear before the Sub Divisional Officer within four weeks from today and submit additional documents, if any, before the Sub Divisional Officer. We also direct the Sub Divisional Officer, Degloor to consider the additional documents to be produced by the petitioner and dispose of the application on its own merits, within a period of two months thereafter in accordance with law. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5214-09