IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5045 OF 2007 WRIT PETITION NO. 5045 OF 2007 WRIT PETITION NO. 5045 OF 2007 Vilas Dattatray Chavan ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents Mr.R.K. Mendadkar for the Petitioner. Mr.C.R. Sonawane, AGP for the Respondents. CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & CORAM : D.K. DESHMUKH & V.M. KANADE, JJ. V.M. KANADE, JJ. V.M. KANADE, JJ. DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 DATED : JANUARY 10, 2008 P.C. :- P.C. :- P.C. :- 1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 2. The petitioner applied for a caste certificate with the Sub-Divisional Officer in favour of Archana Dattatray Chavan, his sister and Ashwini Vilas Chavan, his daughter, for a certification that they belong to Thakar Scheduled Tribe. The SDO did not grant a certificate. Therefore, appeal was filed before the Committee. The Committee rejected the appeal by order dated 16th April, 2007. The present petition is directed against that order. - 2 - 3. We have heard the learned Counsel for both the sides. Apart from other documents, the petitioner was relying on a certificate issued by the Caste Scrutiny Committee dated 18th May, 2005 certifying that the petitioner belongs to Thakar Scheduled Tribe. That certificate was relied on before the appellate authority. The appellate authority has referred to that certificate in its order but has not said anything about it while rejecting the appeal filed by the petitioner. In our opinion, considering that the certificate has been issued by the Scrutiny Committee holding that the petitioner belongs to Thakar Scheduled Tribe, it would have been appropriate for the SDO to issue caste certificate subject of course to the verification of that certificate by the scrutiny committee. In our opinion, therefore, the following order would meet the ends of justice :- 1) Order of the SDO declining to issue caste certificate and the order of the appellate authority at Exhibit A are set aside. - 3 - 2) The SDO is directed to issue caste certificate as applied for by the petitioner for his sister and daughter. The caste certificate issued by the SDO will be subject to verification by the authority - Scheduled Tribe Certificate Scrutiny Committee. 4. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (D.K. DESHMUKH, J.) (V.M. KANADE, J.) (V.M. KANADE, J.) (V.M. KANADE, J.)