1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5641 OF 2010 Sachin Kishanrao Bukkawar, Age : 20 Years, Occu. : Education, R/o Degloor, Tq. Degloor, District Nanded. .. .. Petitioner Versus 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, through its Member Secretary. 2. Sub Divisional Officer, Degloor, Tq. Degloor, District Nanded. .. .. Respondents Shri S. S. Phatale, Advocate for the Petitioner. Shri R. P. Phatake, Advocate for the Respondent No. 1. Smt. A. V. Gondhalekar, A.G.P. for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties, this petition is heard finally at the stage of admission. 2. The petitioner impugns the order passed by the Sub Divisional Officer, Degloor dated 09.12.2009 and the order passed by the Scrutiny Committee in appeal dated 30.01.2010. 3. The application of the petitioner for issuance of a caste certificate as belonging to Koli Mahadev scheduled tribe came to be rejected by the authorities below. The said orders are subject matter of challenge in the present petition. Mr. Phatale, learned counsel for the petitioner has very candidly urged before us that, though the petitioner relied upon the caste certificate issued to the uncle of the petitioner, the petitioner inadvertently omitted to submit the affidavit of the uncle of the petitioner. The petitioner has annexed the aforesaid affidavit to the writ petition. Since the said affidavit had not been tendered before the Sub Divisional Officer, Degloor, according to us it would be appropriate if the matter is remanded back to the Sub Divisional 3 Officer, Degloor for deciding the application afresh, in accordance with law, after giving an opportunity to the petitioner of submitting such documents on which the petitioner relies. 4. Accordingly, this petition is allowed and the impugned orders are hereby quashed and set aside and the matter is remanded back to the Sub Divisional Officer, Degloor for decision afresh, in accordance with law after giving an opportunity to the petitioner of submitting the affidavit and other documents. The petitioner to appear before the Sub Divisional Officer, Degloor, on 12th July, 2010 and the Sub Divisional Officer, Degloor to decide the application of the petitioner within three weeks thereafter. 5. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10