{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6730 OF 2009 Vyankati s/o Kishan Dandewad Age-20 years, Occ-Education R/o Ghungarala, Taluka-Naigaon (Kh) Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through the Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) 3. The Sub Divisional Officer, Degloor Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.V.H.Dighe, AGP for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6733 OF 2009 Satish s/o Kishan Dandewad Age-Minor, Occ-Education Through Natural Guardian / Father Kisan s/o Mahajan Dandewad Age-40 years, Occ-Agril R/o Ghungarala, Taluka-Naigaon (Kh) Dist-Nanded PETITIONER VERSUS {2} 1. The State of Maharashtra Through the Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) 3. The Sub Divisional Officer, Degloor Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 and 3 Mr.P.S.Patil, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 8th October 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed by the real brothers on the same set of facts and a common question of law is involved in these petitions and hence both these petitions are being disposed of by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 3. By these petitions, filed under Article 226 of the {3} Constitution of India, the petitioners have challenged the order dated 30.06.2009 passed by the Scrutiny Committee, Aurangabad thereby dismissing the appeals filed by the petitioners challenging the orders dated 02.04.2009 passed by the Sub Divisional Officer, Degloor, by which the Sub Divisional Officer had rejected the applications filed by the petitioners. 4. It appears that the petitioners, who are real brothers, had submitted applications before the Sub Divisional Officer, Degloor seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had also submitted various documents along with their respective applications including caste certificate issued to the real uncle of the petitioners along with his affidavit and genealogy showing the interse relations between the petitioners and the caste certificate holder. It further appears that the Sub Divisional Officer, vide order dated 02.04.2009, rejected the applications filed by the petitioners by observing that the documents submitted by the petitioners are not sufficient to issue caste certificates in their favour. It also appears that the petitioners had challenged the said order before the Scrutiny Committee by preferring separate appeals. However, the Scrutiny Committee, vide its judgment and order dated 30.06.2009, dismissed the said appeals and confirmed the orders passed by the Sub Divisional Officer. The said orders are impugned in these petitions. 5. Heard learned counsel for the parties. 6. During the course of submissions across the bar, the learned counsel for the petitioners drawn our attention towards the caste {4} certificate issued to the real uncle of the petitioners by the Sub Divisional Officer, Degloor and his affidavit showing the genealogy and interse relations between the petitioners and the caste certificate holder. This document, prima facie, is sufficient to issue caste certificates in favour of the petitioners. It appears that the documents submitted by the petitioners are not properly appreciated by the Sub Divisional Officer as well as by the Scrutiny Committee while rejecting the claim of the petitioners. In the premise, the orders impugned in these petitions are liable to be quashed and set aside. Accordingly, these petitions succeed. We hereby quash and set aside the impugned orders dated 30.06.2009 passed by the Scrutiny Committee and dated 02.04.2009 passed by the Sub Divisional Officer, Degloor. We direct the Sub Divisional Officer, Degloor to issue caste certificates in favour of the petitioners to the effect that the petitioners belong to Mannerwarlu Scheduled Tribe, forthwith. 7. Needless to state that the caste certificates to be issued will 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.] drp/wp6730-09