1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4756 OF 2009 Kum.Asha d/o Ramlu Kamalwar, Age 19 years, Occu.Nil, R/o Degloor, Tq. 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, Dist.Nanded .. Respondents Shri S.M.Vibhute, Advocate for petitioner Shri V.H.Dighe, AGP for respondent No.1 and 3 Shri U.S.Malte, Advocate for respondent No.2 CORAM : P.V.HARDAS AND A.V.POTDAR, JJ DATE : 23rd JULY 2009 2 ORAL JUDGMENT [ PER P.V.HARDAS , 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. The petitioner who was desirous of obtaining a caste certificate as belonging to Koli Mahadev – Scheduled Tribe, submitted an application before the Sub-Divisional Officer, Degloor by relying on various documents. The principal document on which the petitioner placed reliance was the caste certificate issued to the uncle of the petitioner by name Kamalawar Vishwanath Kerba. The Sub-Divisional Officer did not choose to place any reliance upon the said document and observed that the petitioner had not placed on record the affidavit and genealogy to demonstrate that the said Kamalawar Vishwanath Kerba was related to the petitioner. The petitioner being aggrieved by the order of the Sub-Divisional Officer filed appeal before the Scrutiny Committee at Aurangabad which confirmed the order of the Sub Divisional Officer by its order dated 27.2.2009. 3. We have heard Shri Vibhute, learned Counsel for the petitioner who has stated before us that unfortunately the petitioner could not place on record the affidavit and the 3 genealogy and under these circumstances the petitioner may be permitted to place the aforesaid documents on record in order to establish that the petitioner belongs to Koli Mahadev – Scheduled Tribe. We see no impediment whatsoever in considering the request of the learned Counsel for the petitioner. Accordingly, we quash and set aside both the orders impugned in this petition and remit the matter back to the Sub Divisional Officer for passing orders afresh after permitting the petitioner to place on record the affidavit and the genealogy and the other documents which the petitioner may consider necessary. The Sub Divisional Officer to decide the said application as expeditiously as possible. 4. Rule is thus made absolute on the terms indicated above with no order as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/4756.09wp 4