1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6622 OF 2009 Pawan S/o.Nagorao Tippalwad, Age-Minor, Occu-Education, R/o.At-Post-Barbada, Tq.Naigaon (kh.) Dist. Nanded, Through father and natural guardian, Nagorao S/o.Maroti Tippalwad, Age-35 years, Occu-Service, R/o. As above PETITIONER VERSUS 1. The State of Maharashtra Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad, 3. The Sub Divisional Officer, Degloor, District : Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for the petitioner. Mr.S.V.Kurundkar, learned AGP for respondent no.1 and 3 Mr.P.S.Patil, learned counsel for respondent no.2 WITH WRIT PETITION NO. 6637 OF 2009 2 Pratikkumar S/o.Nagorao Tippalwad, Age-Minor, Occu-Education, R/o.At-Post-Barbada, Tq.Naigaon (kh.) Dist. Nanded, Through father and natural guardian, Nagorao S/o.Maroti Tippalwad, Age-35 years, Occu-Service, R/o. As above PETITIONER VERSUS 1. The State of Maharashtra Through Secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad, 3. The Sub Divisional Officer, Degloor, District : Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.U.S.Malte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 06/10/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. As both these writ petitions filed by the real brothers are based on common set of facts, and involved common question of Law, hence to be disposed of by common judgment. 3 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. 3. By these writ petitions under Article 226 of The Constitution of India, the petitioners have challenged the judgment and order dated 21/07/2009 passed by the Divisional Scrutiny Committee, Aurangabad in Appeal No.262/2009 and 263/2009 rejecting the appeals filed by the petitioners and confirmed the order passed by The Sub Divisional Officer, Degloor, dated 07/05/2009. 4. At the outset, the facts which gave rise to file the present writ petition can be summarized as – the petitioners have filed an applications before the Sub Divisional Officer, Degloor on 09/06/2008 for issuance of caste certificate as they claimed that they belongs to Mannerwarlu Scheduled Tribe. Alongwith the said applications, the petitioners have produced various documents including the caste certificate issued to their father as well as the caste validity certificate issued to their cousin uncle. The said cousin uncle has also filed his affidavit alongwith the genealogy showing the interse relationship between the caste validity holder and the applicant. It appears that the Sub Divisional Officer was not satisfied with this documentary evidence produced by the petitioners and pleased to reject the respective applications. These orders were challenged before the Divisional Scrutiny Committee by way of appeal 4 which appeals were rejected by judgment and order dated 21/07/2009 by the Divisional Scrutiny Committee which orders are impugned in the present writ petition. 5. Heard respective counsels in the light of these pleadings. 6. During the course of arguments across the bar, our attention is drawn by the learned counsel appearing for the petitioner towards the caste certificate issued to the father of the petitioner as well as the caste validity certificate issued to the cousin uncle of the father of the petitioners, and towards the genealogy produced by the said caste validity holder alongwith his affidavit showing interse relationship between the petitioners and the caste validity certificate holder. This documentary proof is prima facie sufficient to hold caste claim of the petitioners. But it appears that as this documentary evidence was not properly appreciated by the Divisional Scrutiny Committee as well as the Sub Divisional Officer, Degloor and wrongly rejected the caste claim of the petitioners, hence the impugned judgment and order passed by the Sub Divisional Officer, Degloor is liable to be quashed and set aside. Accordingly, we quash and set aside the impugned order passed by the Divisional Scrutiny Committee as well as the Sub Divisional Officer, Degloor and we hereby direct the Sub Divisional Officer, Degloor to issue caste certificate to the petitioners as they belongs to Mannerwarlu Schedule Tribe forthwith. 7. Needless to say that the caste certificate issued would be 5 subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the terms indicated above with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6622-09