1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 2971 OF 2009. Dnyneshwar S/o Shankarrao Markwad, Age 19 years, Occu. Education, R/o Daregaon, Tq. Degloor, Dist. Nanded. .. PETITIONER. VERSUS 1) The State of Maharashtra, ( Through Secretary, Schedule Caste & Schedule Tribe Development Department, Mantralaya, Mumbai) 2) The Sub Divisional Officer, Degloor, Dist. Nanded. 3) The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad, through its Dy. Director (R), Aurangabad . RESPONDENTS. ... Shri G.S.Gadiwan, Advocate for Petitioner. Shri K.G. Patil, Assistant Government Pleader, for respondent Nos. 1 & 2. Shri P.S. Patil, Advocate for respondent No. 3. CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 16th FEBRUARY 2010. PER COURT: (S.S. Shinde,J.) 2 1. Heard Learned Counsel appearing for the respective parties. Rule, returnable forthwith. With the consent of the parties, heard finally at the stage of admission. This Writ Petition takes exception to the decision dated 24-02-2009 passed by the respondent No. 3 i.e. The Scheduled Tribe Certificate Scrutiny Committee, Aurangbabad confirming the order of the Respondent No. 2 i.e. Sub Divisional Officer, Degloor, Dist. Nanded . 2. The main grievance of the petitioner in this petition is, the impugned decisions by the Sub Divisional Officer, Degloor as well as respondent No.3-Committee are without considering the main contention of the petitioner that, the caste claim of the cousin brother of the petitioner namely Marakwad Ramesh Tejrao has been validated by the respondent No.3-Committee, and in spite of his affidavit produced along with validity certificate on record before the respondents, the Sub Divisional Officer, Degloor 3 and respondent No.3-Committee have not properly considered the said document. Therefore, learned counsel appearing for the petitioner would submit that, the impugned decision of the Sub Divisional Officer, Degloor as well as respondent No.3- Committee deserves to be quashed and set aside by directing the Sub Divisional Officer, Degloor to issue tribe claim belonging to ‘Munerwarlu’ Scheduled Tribe in favour of the petitioner. 3. The learned counsel appearing for the respondent No.3-Committee has vehemently opposed the petition and submitted that, the impugned decision is founded on sound reasons and does not call for interference in Writ jurisdiction. We have heard the learned counsel appearing for the petitioner and respondent No.3- Committee, and we are of the opinion that,the affidavit and caste validity certificate of Shri Marakwad Ramesh Tejrao, who is cousin brother of the petitioner has not been properly considered either by the Sub Divisional Officer, Degloor or by the respondent No.3-Committee. On perusal of 4 the order passed by the Sub Divisional Officer, Degloor, it appears that, the order refusing to issue tribe certificate in favour of the petitioner is without any valid reasons. On reading the reasons recorded by the Sub Divisional Officer, Degloor it appears that, the Sub Divisional Officer, has taken note of the fact that, the claim of the family member of the petitioner has been verified. However, declined to issue certificate in favour of the petitioner. On perusal of the reasons recorded by the respondent No.3-Committee and more particularly in respect of document at serial No. 4 i.e. affidavit and validity certificate of Ramesh Tejrao Marakwad, the respondent No.3-Committee without application of mind has observed that, the documents listed at serial No.4 is the affidavit and validity of applicants relative and this relative is from maternal side of the petitioner. In our opinion, this is total non application of mind by the respondent No.3- Committee, if not perverse. In the above stated back ground, 5 we quashed and set aside the order passed by the Sub Divisional Officer, Degloor as well as respondent No.3-Committee and direct the Sub Divisional Officer, Degloor to issue provisional tribe certificate belonging to ‘Munerwarlu’(ST) in favour of the present petitioner within one month from today. It is needless to mention that, the said caste certificate will be subject to validation by the respondent No.3-Committee. Rule is made absolute to the above extent. Writ Petition is allowed and disposed of accordingly. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] SDM* WP2972.09/16-02-10