1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5780 OF 2010 Sanjay Bashetti Chintalwar, Age : 28 years, Occ. Education, R/o At post Takali, Tq. Degloor, Dist. Nanded ..PETITIONER VERSUS 1. Scheduled Tribe Certificate, Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded ..RESPONDENTS Mr S.S. Phatale, Advocate holding for Mr M.S. Deshmukh for the petitioner; Mr R.P. Phatake, Advocate for respondent no.1; Mr S.K. Kadam, A.G.P. for respondent no.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 2nd July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 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 this petition under Article 226 of the Constitution of India the petitioner takes exception to the order of the Sub-Divisional Officer, Degloor, dated 17.4.2010 rejecting the application filed by the petitioner for issuance of caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe. The petitioner also impugns the order of the Scrutiny Committee in appeal, dated 28.5.2010 dismissing the appeal filed by the petitioner. 3. The petitioner who was desirous of obtaining caste certificate as belonging to "Mannerwarlu" - Scheduled Tribe had submitted an application before the Sub-Divisional Officer. The documents filed by the petitioner were not considered sufficient by the Sub-Divisional Officer for issuance of the caste certificate to the petitioner. The appeal filed by the petitioner also met with the same fate and this is how the petitioner is before us in this writ petition. 4. Mr Phatale, learned Counsel for the petitioner states that unfortunately the caste certificate of real brother of the petitioner was not produced before the Sub-Divisional Officer. The aforesaid certificate is sought to be relied upon by the petitioner before us. Since the Sub-Divisional Officer had no occasion to consider the aforesaid certificate, according to us it 3 would be appropriate to remit the matter back to the Sub- Divisional Officer for a decision afresh after taking into consideration the caste certificate issued to the real brother of the petitioner. 5. In that light of the matter, therefore, this writ petition succeeds and the impugned orders are quashed and set aside and the matter is remitted back to the Sub-Divisional Officer, Degloor for decision afresh. The petitioner is permitted to produce additional documents, if any, within three weeks from today and the Sub-Divisional Officer, Degloor is directed to decide the application afresh, in accordance with law, after taking into consideration the additional documents, if any, produced by the petitioner, within four weeks thereafter and communicate the decision thereon to the petitioner. 6. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5780.10