{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5701 OF 2009 Nagnath Dattatraya Nainwad, R/o Lohgaon, Tq-Biloli, Dist-Nanded Through Power of Attorney Holder Sainath Dattatraya Nainwad R/o Holgaon, Tq-Biloli, 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 Degloor, Dist-Nanded RESPONDENTS ....... Mr.V.R.Jain h/f Mr.S.M.Vibhute, Advocate for the petitioner Mr.N.N.Jadhav, AGP 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 : 28th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned {2} counsel for the parties this petition is heard finally at the stage of admission. 2. By the present petition, under Article 226 of the Constitution of India, the petitioner challenges the judgment and order passed by the Scrutiny Committee, Aurangabad dated 21.07.2009 in an appeal thereby confirming the order passed by the Sub Divisional Officer, Degloor dated 17.06.2009 by which the Sub Divisional Officer had rejected the application submitted by the petitioner for issuance of a caste certificate. 3. It appears that the petitioner had submitted an application before the Sub Divisional Officer seeking caste certificating claiming to be belonging to Mannerwarlu Scheduled Tribe. Along with the said application the petitioner had produced various documents including caste validity certificate issued in favour of the real brother and uncle of the petitioner. The Sub Divisional Officer, by order dated 17.06.2009, rejected the application by observing that the documents submitted by the petitioner are not sufficient to issue caste certificate in his favour. The said order is confirmed by the Scrutiny Committee vide order dated 21.07.2009, which are impugned in this petition. 4. Heard learned counsel for the parties. 5. It appears that the documents i.e. caste validity certificates issued to real brother and uncle of the petitioner though referred, yet not at all considered by the Sub Divisional Officer as well as by the Scrutiny Committee. It is but natural that the brothers are entitled for the same {3} caste. Thus, the orders passed by the Scrutiny Committee as well as by the Sub Divisional Officer are perverse and erroneous and hence require to be quash and set aside. Accordingly, this petition succeeds. We quash and set aside the orders impugned in this petition. We hereby direct the Sub Divisional Officer, Degloor to issue caste certificate in favour of the petitioner to the effect that he belongs to Mannerwarlu Scheduled Tribe, forthwith. 6. Needless to say that the 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. Copy of this order duly authenticated be provided to the petitioner to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5701-09