1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6762 OF 2009 Sandip S/o.Nagorao Dandewad, Age-20 years, Occu-Education, R/o.Ghungarala, Taluka : Naigaon (Kh.) District : Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director. (R) Aurangabad. 3. The Sub-Divisional Officer, Degloor, Tq.Degloor, Dist. Nanded RESPONDENTS Mr.P.V.Jadhavar, learned counsel for the petitioner. Mr.N.N.Jadhav, learned counsel 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 : 09/10/2009 2 ORAL JUDGMENT : (Per, A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner herein has challenged the judgment and order passed by the Divisional Scrutiny Committee, Aurangabad, Division Aurangabad in Appeal No.210/2009 vide judgment and order dated 30/06/2009 by which the appeal filed by the petitioner challenging the order passed by the Sub Divisional Officer, Degloor dated 02/04/2009 was dismissed and confirmed the order passed by the Sub Divisional Officer, Degloor. 3. The facts which gave rise to file the present writ petition can be stated as : The petitioner herein has filed an application before the Sub Divisional Officer, Degloor on 16/08/2008 as the petitioner claimed that he belongs to Mannerwarlu Scheduled Tribe. Alongwith the said document, the petitioner has produced voluminous documentary evidence including the caste certificate and caste validity certificate issued to his father. It appears that the Sub Divisional Officer, Degloor was not pleased with the documentary evidence produced by the petitioner and pleased to dismiss the application for issuance of caste certificate vide his order dated 02/04/2009. Being aggrieved by the said order, it appears that the petitioner has filed an appeal before the Divisional Scrutiny 3 Committee, Aurangabad Division Aurangabad which was numbered as Appeal No.210/2009. It further appears that vide judgment and order dated 30/06/2009, this appeal was dismissed by The Divisional Scrutiny Committee and confirmed the order passed by The Sub Divisional Officer which are impugned in the present writ petition. 4. Heard respective counsels for the parties in the light of facts stated above. 5. During the course of submissions across the bar, the learned counsel appearing for the petitioner drawn our attention towards the tribe certificate issued to the father of the petitioner by the Scheduled Tribe Scrutiny Committee, Aurangabad Division Aurangabad dated 29/12/2007, wherein the caste of father of the petitioner was validated as he belongs to Mannerwarlu Scheduled Tribe. It is but natural that the children are entitled for the caste of their father. If the caste of the father of the petitioner is validated and issued caste validity certificate by the Divisional Scrutiny Committee, Aurangabad Division Aurangabad, then this documentary evidence is sufficient to issue caste certificate to the petitioner. It appears that this documentary evidence produced by the petitioner was neither properly appreciated by the Sub Divisional Officer, Degloor nor by the Divisional Scrutiny Committee, Auragabad and erroneously rejected the application for issuance of caste certificate to the petitioner as well as erroneously dismissed the appeal filed by the petitioner 4 challenging the order passed by the Sub Divisional Officer, Degloor. In the premise, the impugned judgment and order passed by the Divisional Scrutiny Committee, Aurangabad, as well as the Sub Divisional Officer, Degloor are liable to be quashed and set aside. Accordingly, we quash and set aside the impugned judgment and order passed by the Divisional Scrutiny Committee Aurangabad Division Aurangabad as well as the order passed by the Sub Divisional Officer, Degloor. We hereby direct Sub Divisional Officer, Degloor to issue Tribe/Caste certificate to the petitioner that he belongs to Mannerwarlu Scheduled Tribe forthwith. 6. Needless to say that the caste certificate issued would be subject to verification by the competent Scrutiny Committee. 7. 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/wp6762-09