1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5965 OF 2009 1) Chandrakant s/o Kishan Gundeboinwad, Age: 24 Yrs., occu. Student, r/o Manjramwadi, Tq.Naigaon (Kh.) District Nanded. 2) Pandurang s/o Kishan Gundeboinwad Age: 20 Yrs., occu. Student, r/o Manjramwadi, Tq.Naigaon (Kh.) District Nanded. - PETITIONERS VERSUS 1) The State of Maharashtra 2) The Chairman, Scheduled Tribe Certificate Scrutiny Committee, Aurangabad. 3) The Sub Divisional Officer, Degloor. - RESPONDENTS ***** Mrs.M.A.Kulkarni, Advocate for Petitioners; Mrs.A.V.Gondhalekar, AGP for Resp.Nos. 1 & 3 Mr.Uday S. Malte, Adv. for Resp.No.2. ----- CORAM : NARESH H. PATIL & K.U.CHANDIWAL, JJ. DATE : 23rd November, 2009. 2 JUDGMENT (PER: K.U.CHANDIWAL,J.) 1) Rule, Rule made returnable forthwith and heard finally. 2) The petitioners applied for issuance of Caste certificate belonging as `Mahadeo Koli’ to Respondent No.2 by producing 14 documents to substantiate their claim. Respondent No.2 rejected the caste certificate of the petitioners, the same was challenged in appeal before Respondent No.2-Committee, an appellate authority. The Respondent No.2 by an order dated 13th March, 2009 rejected the contentions of the petitioners and hence this writ petition. 3) During the course of submissions, the Caste certificate of Kishan s/o Santuba Gundeboinwad issued on 5.7.1990 is flashed by the learned Counsel for the petitioners and the Counsel has a grievance that the learned Sub Divisional Officer, did not consider the papers in its letter and spirit, the Counsel suggested that the matter needs to be remanded to the Respondent No.3 – Sub Divisional Officer, Degloor to consider this Caste Certificate afresh. 4) On going through the order of either Appellate authority (i.e. Caste Scrutiny Committee) or of the learned Sub Divisional 3 Officer, we find that the entire fault can not be shouldered to the Sub Divisional Officer, as in spite of giving opportunities to the petitioners by communication dated 18.1.2007, there was no such compliance from the petitioners. However, since today the above referred Caste Certificate in the name Gundeboinwad Kishan is produced, and the petitioners desire to produce other evidence before the learned Sub Divisional Officer, the matter is remanded to the learned Sub Divisional Officer, Degloor to decide the same on its own merits uninfluenced by any observations of this Court. 5) Rule is made absolute in the terms indicated above. (K.U.CHANDIWAL) (NARESH H. PATIL) JUDGE JUDGE bdv/wp5965.09