1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5936 OF 2009 Shubham S/o.Ankushrao Bombile, Age-Minor, Occu-Education, R/o.At-Hasala, Tq.Ausa, Dist.Latur, Through father and natural guardian, Ankush S/o.Keshavrao Bombile, Age-42 years, Occu-Labour, R/o.As above. 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 District Supply Officer, Latur, Dist. Latur. RESPONDENTS Mr.S.M.Vibhute, learned counsel for the petitioner. Mr.S.V.Kurundkar, learned AGP for respondent no.1 and 3 Mr.U.S.Malte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 08/09/2009 2 ORAL JUDGMENT : (Per A.V.POTDAR, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner is challenging the judgment and order dated 21/03/2009 passed by the Scrutiny Committee, Aurangabad Division Aurangabad in Appeal No.101/2009 by which the Scrutiny Committee has rejected the said appeal by confirming the order passed by The District Supply Officer dated 12/02/2009 by which the application submitted on behalf of the petitioner applicant for issuance of caste certificate as he belongs to Mahadev Koli, Scheduled Tribe was rejected. 3. The facts which gave rise to file the present writ petition can be summarized as, an application was moved before the Sub Divisional Officer, Latur for issuance of caste certificate on behalf of the present petitioner by his father that the petitioner belongs to Mahadev Koli Scheduled Tribe. Alongwith the said application, various documents were produced including the caste certificate issued in the name of father of the petitioner and his affidavit, the school leaving certificate issued in the name of father of the petitioner and death certificate of grand father of the petitioner. Inspite of production of this documentary evidence, the District Supply Officer, Latur has pleased to reject the application for issuance of caste certificate on the 3 ground that these documents produced are not sufficient to issue the caste certificate as claimed by the petitioner. Being aggrieved by the said order, an appeal was preferred before the Scrutiny Committee, Aurangabad Division Aurangabad which was numbered as Appeal No. 101/2009 and was rejected on 21/03/2009 by the Scrutiny Committee by confirming the order passed by The District Supply Officer dated 12/02/2009. 4. Heard the respective counsels for the parties. 5. During the course of arguments across the bar, our attention is drawn towards the caste certificate issued in the name of father of the petitioner, as well as the affidavit filed by him on record alongwith the genealogy. Apart from it, during the course of arguments, copy of judgment and order passed in WP No.4785/2009 is placed before us to which we both of us are party to the Bench who have delivered the judgment. The said writ petition was filed on behalf of real sister of the present petitioner whose caste claim was also rejected by the same authorities and appeal preferred against the said order was also rejected by the Scrutiny Committee, Aurangabad Division Aurangabad. It is but natural that the son is entitled for the caste of his father. Apart from it, as the claim of the real sister of the petitioner was upheld in W.P. No.4785/2009, then the documents on record primafacie shows that the petitioner belongs to Mahadev Koli, Scheduled Tribe. 4 6. In the premise, the finding recorded by the Scrutiny Committee as well as the District Supply Officer, Latur are liable to be quashed and set aside. Accordingly we quash and set aside the impugned judgment and order and we hereby direct the District Supply Officer, Latur to issue caste certificate to the petitioner that he belongs to Mahadev Koli, Scheduled Tribe 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/wp5936-09