1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5393 Of 2009 Supriya d/o.Tanaji Kaypalwad, Age-Minor, Occu-Education, R/o.At-Post-Eklara, Tq.Hadgaon, Dist.Nanded, through natural guardian/father Shri.Tanaji S/o.Ganpati Kaypalwad, Age-41 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, Kinwat, Dist. Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.V.B.Ghatge, 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 : 18/08/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of the parties, 2 writ petition is finally heard at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has challenged the judgment and order dated 30/06/2009 passed by the Scrutiny Committee, Aurangabad Division Aurangabad by which the order passed by the Sub Divisional Officer, Kinwat, District Nanded was upheld by the Scrutiny Committee by which the Sub Divisional officer, Kinwat has rejected the application submitted on behalf of the petitioner for issuance of caste certificate. 3. The facts which gave rise to file the present writ petition can be summarized as : the father of the petitioner has filed an application before the Sub Divisional Officer, Kinwat, District Nanded on 10/07/2008 for issuance of caste certificate as the petitioner claimed that she belongs to Mannerwarlu Scheduled Tribe. Alongwith the said application, various documents were produced including the caste certificate issued in the name of father of the petitioner, who had applied for issuance of caste certificate on behalf of his minor daughter. The said application was rejected by Sub Divisional officer, Kinwat vide his order dated 30/04/2009. Being aggrieved by the said order, an appeal came to be filed before the Scrutiny Committee Aurangabad Division Aurangabad which was numbered as appeal no.225/2009. This appeal came to be decided vide judgment and order dated 30/06/2009 by which the Scrutiny Committee, Aurangabad Division Aurangabad upheld the order passed by the Sub Divisional Officer, Kinwat, District : Nanded and rejected the appeal filed on behalf of the petitioner. These orders are impugned in the present writ petition. 3 4. Heard respective counsels for the parties. 5. At the outset, our attention is drawn towards the order dated 30/04/2009 passed by the Sub Divisional Officer, Kinwat. Our attention is drawn towards the fact that in the said order the documents which were produced alongwith the application were neither mentioned nor discussed. But only conclusion appears to be drawn that the documents produced on behalf of the petitioner are not sufficient for issuance of caste certificate as claimed on behalf of the petitioner. Our attention is also drawn towards the order passed by the Scrutiny Committee, Aurangabad Division Aurangabad in the appeal preferred on behalf of the petitioner applicant and in the judgment and order in that appeal also the documents produced/tendered on behalf of the petitioner were neither mentioned nor discussed but simply it is observed that in the order passed by the Sub Divisional Officer, Kinwat, he has considered the documents properly hence required no interference. In the order passed by the Sub Divisional Officer, Kinwat, in the first paragraph there is reference that alongwith the application, the xerox copy of the caste certificate issued in the name of father of the petitioner is tendered. Copy of this caste certificate is find place at page no.22 of the paper book. This certificate is issued on 08/07/1992 by the Taluka Executive Magistrate, Hadgaon, Dist. Nanded wherein the caste of father of the applicant is shown as Mannerwarlu which is shown at Sr.No.27 in the order of the enactment. It is but natural that the daughter is entitled to the caste of her father. It appears that the Sub Divisional Officer, Kinwat as well as the Scrutiny Committee Aurangabad Division Aurangabad has not considered this document at 4 all and if it is so we have to hold that the order passed by the Sub Divisional officer, Kinwat as well as the Scrutiny Committee, Aurangabad Division Aurangabad are not only without application of mind but without considering the documents produced on behalf of the petitioner applicant. In substance, the orders impugned in writ petition are liable to be quashed and set aside. Accordingly we quash and set aside the judgment and order passed by the Scrutiny Committee dated 30/06/2009 as well as the order passed by the Sub Divisional Officer, Kinwat dated 30/04/2009. We hereby direct the Sub Divisional Officer, Kinwat to issue caste certificate to the petitioner applicant that she belongs to Mannerwarlu Scheduled Tribe. 6. Needless to say that the caste certificate to be issued will be subject to verification by competent Scrutiny Committee. 7. Rule thus made absolute as indicated above, and accordingly the writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5393-09