1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6904 OF 2010 Ganesh s/o Gangaram Royalwar Age 26 years, Occ. Education, R/o Degloor, Taluka Degloor, District Nanded. ... PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, District Nanded. ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri N.B. Khandare, Govt. Pleader for respondent Nos.1 & 3 Shri R.P. Phtake, Advocate for respondent No.2. ..... W I T H WRIT PETITION NO.6905 OF 2010 Shankar s/o Gangaram Royalwar Age 29 years, Occ. Education, R/o Degloor, Taluka Degloor, District Nanded. ... PETITIONER VERSUS 2 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, District Nanded. ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri N.B. Khandare, Govt. Pleader for respondent Nos.1 & 3 Shri R.P. Phtake, Advocate for respondent No.2. ..... W I T H WRIT PETITION NO.6906 OF 2010 Kiran s/o Gangaram Royalwar Age 26 years, Occ. Education, R/o Degloor, Taluka Degloor, District Nanded. Through mother / natural guardian Smt. Narsubai w/o Gangaram Royalwar, Age 40 years, Occ. Household, R/o as above. ... PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 3 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, District Nanded. ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri N.B. Khandare, Govt. Pleader for respondent Nos.1 & 3 Shri R.P. Phtake, Advocate for respondent No.2. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 2nd August, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. Since the petitioners are related inter-se, these petitions are being decided by this common judgment. 2. The petitioners in these petitions, who were desirous of obtaining caste certificates as belonging to Koli Mahadev – Scheduled Tribe, submitted applications before the Sub-Divisional Officer, Degloor. The petitioners relied upon the validity certificate issued to the first cousin of the petitioners. The Sub-Divisional Officer, Degloor, vide order dated 5.12.2009, dismissed the applications of the petitioners on the ground that the Census record revealed that the 4 caste of the grandfather of the petitioners was recorded as Koli. On an appeal being filed by the petitioners to the respondent/ Scrutiny Committee, the Scrutiny Committee dismissed the appeal filed by the petitioners. 3. The petitioners, along with the other documents to the petition, have annexed the genealogy. An affidavit has been filed on behalf of the first cousin of the petitioners to whom the validity certificate has been issued. Perusal of the genealogy shows that the cousin of the petitioners to whom the validity certificate has been issued, is the son of the real brother of the petitioners’ father. Since the validity holder is related to the petitioners, according to us, the petitioners ought to have been issued with the caste certificates. 4. Accordingly, these petitions are allowed and the impugned orders are quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificates to the petitioners as belonging to Koli Mahadev – Scheduled Tribe. 5. Rule is thus made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)