1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2144 OF 2010 Vikas S/o Kamaji Gadge, Age : 20 Years, Occu. : Education, R/o At-post Biloli, Tq. Biloli, District Nanded, Through power of attorney holder, Gangadhar S/o Ganpatrao Kalyankar, Age : 40 Years, Occu. : Agril., R/o At-post Biloli, Tq. Biloli, District Nanded. .. .. 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 Shri S. M. Vibhute, Advocate for the Petitioner. Smt. A. V. Gondhalekar, A.G.P. for Respondent Nos. 1 and 3. Shri U. S. Malte, Advocate for the Respondent No. 2. 2 WITH WRIT PETITION NO. 2145 OF 2010 Gangaprasad S/o Sambhaji Gadge, Age : Minor, Occu. : Education, R/o At-post Biloli, Tq. Biloli, District Nanded, Through power of attorney holder, Gangadhar S/o Ganpatrao Kalyankar, Age : 40 Years, Occu. : Agril., R/o At-post Biloli, Tq. Biloli, District Nanded. .. .. 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 Shri S. M. Vibhute, Advocate for the Petitioner. Smt. A. V. Gondhalekar, A.G.P. for Respondent Nos. 1 and 3. Shri U. S. Malte, Advocate for the Respondent No. 2. 3 WITH WRIT PETITION NO. 2147 OF 2010 Shubham S/o Jagannath Gadge, Age : Minor, Occu. : Education, R/o At-post Biloli, Tq. Biloli, District Nanded, Through power of attorney holder, Gangadhar S/o Ganpatrao Kalyankar, Age : 40 Years, Occu. : Agril., R/o At-post Biloli, Tq. Biloli, District Nanded. .. .. 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 Shri S. M. Vibhute, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 and 3. Shri R. P. Phatake, Advocate for the Respondent No. 2. 4 WITH WRIT PETITION NO. 2148 OF 2010 Kum. Vinita D/o Kamaji Gadge, Age : Minor, Occu. : Education, R/o At-post Biloli, Tq. Biloli, District Nanded, Through power of attorney holder, Gangadhar S/o Ganpatrao Kalyankar, Age : 40 Years, Occu. : Agril., R/o At-post Biloli, Tq. Biloli, District Nanded. .. .. 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 Shri S. M. Vibhute, Advocate for the Petitioner. Smt. A. V. Gondhalekar, A.G.P. for Respondent Nos. 1 and 3. Shri P. S. Patil, Advocate for the Respondent No. 2. 5 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 29TH JUNE, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties, these petitions are heard together and decided by this common judgment at the stage of admission. 2. The petitioners by these petitions impugned the orders passed by the Sub Divisional Officer, Degloor and consequential orders passed by the Scrutiny Committee in appeal rejecting the claim of the petitioners as belonging to Koli Mahadev scheduled tribel. The petitioners who are relatives interse, relied upon the certificate issued to another cousin of the petitioners. 3. Notice had been issued in the present writ petitions in order to test the genuineness of the genealogy which was produced by the petitioners. The learned Assistant Government Pleader on instructions states that, the genuineness of the genealogy which is produced on record is not disputed. It is however, urged before us that the grand father of the present 6 petitioners had sought a claim as belonging to Koli caste and not as Koli Mahadev. According to us since the cousin of the petitioners has been issued certificate as belonging to Koli Mahadev, Scheduled Tribe, the petitioners are entitled to issued with the said certificate. Whether their claims as belonging to Koli Mahadev are genuine or not would be decided by the Scrutiny Committee when the certificates referred for on the basis of verification. 4. In that light, the petitions are allowed and the impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to issue forthwith certificates to the petitioners as belonging to Koli Mahadev, scheduled tribe. 5. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10