{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6333 OF 2009 Abhijit s/o Ramlu Pokalwar Minor,Through natural guardian, father Ramlu Yallappa Pokalwar R/o Degloor, Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through 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, Tq-Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondents No.1 & 3 Mr.P.S.Patil, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6334 OF 2009 Arti d/o Ramlu Pokalwar Minor,Through natural guardian, father Ramlu Yallappa Pokalwar R/o Degloor, Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, {2} Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) 3. The Sub Divisional Officer Degloor, Tq-Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.S.V.Kurundkar, Addl.GP for respondents No.1 & 3 Mr.R.P.Phatke, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 24th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. These petitions are filed by real brother and sister on the same set of facts and common question of law is involved in these petitions and hence both the 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, under Article 226 of the Constitution of India, the petitioners have challenged the judgment and order dated 30.03.2009 passed by the Scrutiny Committee, thereby dismissing the appeals filed by the petitioners and confirming the order passed by the Sub Divisional Officer dated 03.02.2009, by which the Sub Divisional {3} Officer had rejected applications of the petitioners. 4. The facts which gave rise to file the present petition, in nut shell, can be summarized thus- The petitioners had submitted applications on 07.06.2008 before the Sub Divisional Officer Degloor requesting for issuance of caste certificates, claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had produced various documents along with their applications, including caste certificates issued to their father and real sister and also the caste validity certificate issued in favour of their cousin. The Sub Divisional Officer, ignoring these documents, rejected the applications of the petitioners on 03.02.2009 by observing that the documents produced by the petitioners are not sufficient to issue caste certificates in their favour. The petitioners preferred separate appeals, challenging the orders of the Sub Divisional Officer, before the Scrutiny Committee, Aurangabad. However, the Scrutiny Committee, by its judgment and order dated 30.03.2009, dismissed the appeals of the petitioners. The said orders are impugned in these petitions. 5. Heard learned counsel for the parties. 6. Learned counsel appearing for the petitioners drawn our attention to the caste certificates issued in favour of father and real sister of the petitioners. It is but natural that the petitioners are entitled to the caste of their father. The caste certificates issued in favour of the father and real sister of the petitioners were on record, however, it appears that they are not at all considered by the Sub Divisional Officer as well as by {4} the Scrutiny Committee while rejecting the claim of the petitioners. Thus, it is clear that the orders impugned in these petitions are passed erroneously and without application of mind and hence are liable to be quashed and set aside. Accordingly, these petitions succeed. We hereby quash and set aside the impugned orders dated 30.03.2009 passed by the Scrutiny Committee as well as dated 03.02.2009 passed by the Sub Divisional Officer, Degloor. We direct the Sub Divisional Officer, Degloor, to issue caste certificate 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 would 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/wp6333-09