1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6278 OF 2010 Laxman s/o Govindrao Kalmurge, Age 20 years, Occu.Education, R/o Biloli, Taluka 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 Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondents 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 AND WRIT PETITION NO.6279 OF 2010 Chandrakant s/o Govindrao Kalmurge, Age 19 years, Occu.Education, R/o Biloli, Taluka Biloli, District Nanded ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Dy.Director (R), Aurangabad 3. The Sub Divisional Officer, Degloor, District Nanded ..RESPONDENTS Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Kadam, Assistant Govt.Pleader for respondents 1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 16th July 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, these petitions which seek similar relief, are being decided by this common judgment at the stage of admission. 2. The petitioners in these petitions take exception to the order of the Sub Divisional Officer, Degloor rejecting the applications of the petitioners and the order of the Scrutiny Committee in appeal confirming the order of the Sub Divisional Officer. 3 3. The petitioners who were desirous of obtaining a caste certificate as belonging to Mannerwarlu – Scheduled Tribe had submitted applications before the Sub Divisional Officer, Degloor. The petitioners relied upon the certificate issued to their father as a corroborative piece of evidence to substantiate the claim of the petitioners. The Sub Divisional Officer rejected the applications of the petitioners on the ground that the revenue record disclosed that caste of grandfather of the petitioners was recorded as “Munnurwar” and not as Munnerwarlu, as was the claim of the petitioners. The appeals filed by the petitioners also came to be dismissed. 4. Mr.Vibhute has invited our attention to the judgment of this Court in Writ Petition No.4253 of 2010 dated 5.5.2010. According to the learned Counsel for the petitioners, the Division Bench of this Court, to which one of us P.V.Hardas, J. was a member had directed the issuance of the caste certificate to the real brother of the present petitioners. 5. In that light of the matter, therefore, we allow these petitions, quash and set aside the impugned orders and direct the Sub Divisional Officer, Degloor to forthwith issue caste certificates to the petitioners as belonging to Mannerwarlu – Scheduled Tribe. 4 Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6278-6279.10wp)