{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6345 OF 2009 Kum.Anusaya d/o Maroti Kongewad R/o Dhanora, T-Bhokar Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy. Director (R) 3. The Sub Divisional Officer, Nanded, Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 and 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. Rule. Rule 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 petition, under Article 226 of the {2} Constitution of India, the petitioner has challenged the judgment and order dated 30.06.2009 passed by the Scrutiny Committee, Aurangabad, thereby dismissing the appeal filed by the petitioner and confirming the order dated 30.12.2006 passed by the Sub Divisional Officer, Nanded, by which the Sub Divisional Officer had rejected the application of the petitioner for issuance of a caste certificate. 3. It appears that the petitioner had filed an application before the Sub Divisional Officer, Nanded seeking caste certificate claiming to be belonging to Koli Mahadeo Scheduled Tribe. The petitioner had submitted various documents along with the said application, including caste certificate issued in favour of her father. The Sub Divisional Officer, by ignoring this important document, rejected the application of the petitioner vide order dated 30.12.2006, by observing that the documents produced by the petitioner are not sufficient to issue caste certificate as prayed for. It further appears that being aggrieved by the said order, the petitioner has preferred an appeal before the Scrutiny Committee, Aurangabad. However, the Scrutiny Committee, vide its order dated 30.06.2009, dismissed the appeal of the petitioner and uphold the order of the Sub Divisional Officer. The said orders are impugned in this petition. 4. Heard learned counsel for the parties. 5. Learned counsel for the petitioner heavily relied on the caste certificate issued in favour of father of the petitioner dated 03.04.2003. This certificate was produced before the Sub Divisional Officer, Nanded and also before the Scrutiny Committee. It is but natural that the {3} daughter / petitioner is entitled to the caste of her father. It appears that the documents produced before the Sub Divisional Officer and Scrutiny Committee are not at all considered by the concerned authorities and erroneously rejected the claim of the petitioner. Thus, on the face of its, the impugned orders are erroneous and hence are liable to be quashed and set aside. Accordingly, this petition succeeds. We hereby quash and set aside the impugned orders dated 30.06.2009 passed by the Scrutiny Committee, Aurangabad and dated 30.12.2006 passed by the Sub Divisional Officer, Nanded. We direct the Sub Divisional Officer, Nanded to issue caste certificate in favour of the petitioner to the effect that the petitioner belongs to Koli Mahadeo Scheduled Tribe, forthwith. 6. Needless to state that the caste certificate to be issued will be subject to verification by the competent scrutiny committee. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6345-09