FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 WRIT PETITION NO. 6196 OF 2011 Syed Javed Qader Syed s/o. Abdul Qader, Age 53 years, Occupation Advocate, Resident of Rajnagar, Quaderabad Parbhani. .. Petitioner. Versus 1]The State of Maharashtra through Secretary, Social Welfare Department, Mantralaya, Mumbai-400 032. 2] Caste Certificate Scrutiny Committee Aurangabad Division, Aurangabad. .. Respondents. Mrs. A.N. Ansari, Advocate for the petitioner Mr. K.G. Patil AGP for respondent Nos. 1 and 2. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 with WRIT PETITION NO. 6203 OF 2011 Syed Ghazi Javed s/o. Syed Javed Qader, Age 26, Occupation business, Resident of Rajnagar, Qaderabad, Parbhani. .. Petitioner. Versus 1]The State of Maharashtra through Secretary, Social Welfare Department, Mantralaya, Mumbai-400 032. 2] Caste Certificate Scrutiny Committee Aurangabad Division, Aurangabad. .. Respondents. Mrs. A.N. Ansari, Advocate for the petitioner Mr. K.G. Patil AGP for respondent Nos. 1 and 2. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 8th NOVEMBER, 2011. ORAL JUDGMENT [ PER B.R. GAVAI, J.]:- 1] Rule. Rule made returnable forthwith. Heard by FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 consent finally. 2] The petitioners, who are father and son, have approached this court, being aggrieved by the orders passed by the respondent No.2 committee, thereby invalidating the claim of the present petitioners of belonging to Beldar Nomadic Tribe. 3] The petitioner in W.P. No. 6196 of 2011 is the father, whereas, the petitioner in W.P. No. 6203 of 2011 is the son of petitioner in W.P. No. 6196 of 2011. 4] The petition deserves to be allowed on a short ground that the claim of the other two sons and the daughter of the petitioner in W.P. No. 6196 of 2011 have been validated by the committee vide order dated 6th April, 2011. Not only that but the perusal of the record would reveal that old document pertaining to the petitioner's ancestors, would show that they belong to Beldar Nomadic Tribe. In that view of the matter, we find that the respondent No.2 committee has grossly erred in rejecting the claim of the petitioners. An anomalous situation cannot be permitted to exist wherein, 4 children of the petitioner in W.P. No. 6196 of 2011, who happened to be the real brothers and sisters in W.P. No. 6203 of 2011 are treated to be belonging to be Beldar Nomedic Tribe, whereas, the petitioner is denied the same status. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 5] In that view of the matter, rule is made absolute by quashing and setting the impugned orders dated 9.6.2008 and 6.10.2008 and directing the respondent no.2 committee to issue validity certificate in favour of the petitioners, certifying their claim of belonging to Beldar Scheduled Tribe, within 4 weeks from today. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-