{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6420 OF 2009 Shrilata d/o Linguram Panadwar Age-Minor, Through her guardian father Linguram s/o Potanna Panadwar Age-36 years, Occ-Agril R/o Yatala, Tq-Dharmabad Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Deputy Director, (R) Aurangabad 3. The Sub Divisional Officer Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for the petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 & 3 Mr.R.P.Phatke, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6520 OF 2009 Yogesh s/o Linguram Panadwar Age-Minor, Through his guardian father Linguram s/o Potanna Panadwar Age-36 years, Occ-Agril R/o Yatala, Tq-Dharmabad Dist-Nanded PETITIONER {2} VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Deputy Director, (R) Aurangabad 3. The Sub Divisional Officer Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for the petitioner Mr.S.V.Kurundkar, Addl.G.P. for respondents No.1 & 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 1st October 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed by real brother and sister on the same set of facts and a common question of law is involved in these petitions, hence, these petitions are being disposed of by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 3. By these petitions, filed under Article 226 of the Constitution of India, the petitioners have challenged the judgment and {3} order dated 31.07.2008 passed by the Scrutiny Committee, Aurangabad by which the appeals filed by the petitioners came to be dismissed and the order passed by the Sub Divisional Officer, Degloor dated 14.08.2007, thereby rejecting the applications of the petitioners, came to be confirmed. 4. It appears that the petitioners, who are real brother and sister, had submitted applications before the Sub Divisional Officer, Degloor seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had also submitted various documents along with their respective applications, including caste certificate issued to their father and his affidavit. It is contended that the Sub Divisional Officer, without considering these documents, vide order dated 14.08.2007 rejected the applications of the petitioners by observing that the the documents produced by the petitioners are not sufficient to issue caste certificates as prayed for. Being aggrieved by the said rejection, the petitioners preferred appeals before the Scrutiny Committee. However, the Scrutiny Committee, by its order dated 31.07.2008, dismissed the appeals of the petitioners and confirmed the orders of the Sub Divisional Officer, which are impugned in these petitions. 5. Heard learned counsel for the parties. 6. During the course of submissions across the bar, our attention is drawn towards the copy of caste certificate issued to the father of the petitioners by the Taluka Executive Magistrate, Biloli on 04.08.1987. The said caste certificate was also produced before the Sub {4} Divisional Officer as well as before the Scrutiny Committee. Naturally, the petitioners are entitled to the caste of their father. This fact is overlooked by the Sub Divisional Officer as well as by the Scrutiny Committee and erroneously rejected the claim of the petitioners. In the premise, the impugned orders are liable to be quashed and set aside. Accordingly, these petitions succeed. We hereby quash and set aside the impugned orders dated 31.07.2008 passed by the Scrutiny Committee and dated 14.08.2007 passed by the Sub Divisional Officer. We direct the Sub Divisional Officer, Degloor to issue caste certificate to the petitioners to the effect that they belong to Mannerwarlu Scheduled Tribe, forthwith. 7. Needless to state that the caste certificates to be issued will be subject to verification by the competent scrutiny committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6420-09