1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4054 OF 2010 Sawali d/o Balaji Rejitwad, Age 17 years, Occ. Education, through father, Balaji s/o Samarthrao Rejitwad, Age 42 years, Occ. Agri., R/o At Post Naigaion, Tq. Naigaon, District Nanded ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32. (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded. ... RESPONDENTS ..... Shri P.V. Jadhavar, Advocate for the petitioner Shri S.K. Tambe, A.G.P. for respondent Nos.1 to 3 ..... W I T H 2 WRIT PETITION NO.4065 OF 2010 Akash s/o Balaji Rejitwad, Age 17 years, Occ. Education, through his father, Balaji s/o Samarthrao Rejitwad, Age 42 years, Occ. Agri., R/o At Post Naigaion, Tq. Naigaon, District Nanded ... PETITIONER VERSUS 1. The State of Maharashtra, through its Secretary, Tribal Development Department, Mantralaya, Mumbai - 32. (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Deputy Director (R), Aurangabad. 3. The Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded. ... RESPONDENTS ..... Shri P.V. Jadhavar, Advocate for the petitioner Shri S.K. Kadam, A.G.P. for respondent Nos.1 to 3 ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 15th June, 2010 ORAL JUDGMENT (PER HARDAS, J.) 3 1. Since the petitioners are related inter-se, and seek the same relief, these petitions are heard finally and are decided by this common order. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. 2. The petitioners impugn the order passed by the Sub- Divisional Officer, dated 15.9.2008, rejecting the applications of the petitioners for issuance of a caste certificate as belonging to Koli Mahadeo - Scheduled Tribe. The order of the appellate authority dated 27.3.2009 is also subject matter of challenge in the present petition. 3. The petitioners relied upon the validity certificate issued to the second cousin of the petitioners by name Balaji Hanmantrao Rejitwad. The petitioners have also annexed to the petition a copy of the genealogy as well as the affidavit in support of their claim. 4. Notice of these petitions came to be issued to the respondents with a specific direction to conduct an enquiry to ascertain the relationship of the petitioners with Balaji 4 Hanmantrao Rejitwad. The learned A.G.P. submits that, the Sub-Divisional Officer conducted an enquiry and has recorded the statement, and the relationship, therefore, is established by virtue of the statement of the said Balaji Hanmantrao Rejitwad. 5. In that light of the matter, therefore, according to us, the petitioners are entitled to be issued with the certificates as belonging to Koli Mahadeo - Scheduled Tribe. 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 certificate to the petitioners as belonging to Koli Mahadeo - Scheduled Tribe. 6. Rule is thus made absolute on the above terms in both the petitions with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)