1 WP 6515 of 2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.6515 of 2009 * Mashnaji s/o Narsing Zinkwad Age 30 years, Occupation : Nil R/o At Post Kandala, Taluka Naigaon. District Nanded Through Power of Attorney Holder Suresh S/o Gangaram Dubbalwar, Age 35 years, Occupation : Agriculture, R/o Degloor, Taluka Degloor, District 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 Deputy Director (R) Aurangabad. 3) The Sub Divisional Officer, Degloor, District Nanded. .. Respondents. -------- Shri. S.M. Vibhute, Advocate, for petitioner. Shri. K.J. Ghute Patil, Assistant Government Pleader, for respondent Nos.1 and 3. Shri. A.R. Salve, Advocate, for respondent No.3. -------- 2 WP 6515 of 2009 CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 20th OCTOBER 2011 ORAL JUDGEMNT (Per Naresh H Patil, J.) :- 1) Heard. 2) Rule, rule made returnable forthwith and taken up for final disposal by consent. 3) The petitioner by an application dated 2-3-2009 had applied for issuance of caste certificate as belonging to Koli Mahadeo, Scheduled Tribe to the respondent No.3 - Sub Divisional Officer, Degloor. By an order dated 18-4-2009 the application came to be rejected. The petitioner preferred an appeal before the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. By an order dated 30-6-2009 the appeal came to be dismissed. 4) The petitioner along with his application had annexed documents like (1) certificates issued by Sarpanch, Police Patil, Talathi, (2) Extract of School 3 WP 6515 of 2009 Admission Register of the petitioner issued by the Head Master, Zilla Parishad Primary School Kandala, (3) caste certificate of grand father and other record. 5) Perusal of the impugned order passed by the Appellate Authority shows that it is unreasoned order. It does not demonstrate that the Committee applied its mind to the documents placed on record and reached appropriate conclusion. 6) Prima facie we are satisfied that caste certificate could be issued to the petitioner as belonging to Koli Mahadeo. 7) The impugned order dated 18-4-2009 passed by the Sub Divisional Officer Degloor and the order dated 30-6-2009 passed by Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad are quashed and set aside. We direct the Sub Divisional Officer Degloor to issue caste certificate to the petitioner of Koli Mahadeo within four weeks from the date of receipt of copy of the order passed by this Court. The 4 WP 6515 of 2009 petitioner's caste certificate would be subject to verification by the Scrutiny Committee. It is clarified that this Court has not expressed any opinion on merits of the matter. 8) Rule is made absolute in the above terms. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl