{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5162 OF 2009 1. Kapileshwar Govind Wankhede R/o Barbada, Tq-Naigaon, Dist-Nanded 2. Sopan Govind Wankhede R/o Barbada, Tq-Naigaon, Dist-Nanded PETITIONERS VERSUS 1. The State of Maharashtra Department of Tribal Development Mantralaya, Mumabi Through its Secretary 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Member Secretary 3. The Sub Divisional Officer Degloor, Dist-Nanded RESPONDENTS ....... Mr.S.C.Yeramwar h/f A.S.Golegaonkar, Advocate for petitioners Mr.V.B.Ghatage, AGP for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 7th August 2009 {2} ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. By the present writ petition, under Article 226 of the Constitution of India, the petitioners have challenged the order passed by the Scrutiny Committee dated 19.05.20009 confirming the orders dated 18.01.2007 passed by the Sub Divisional Officer, Dgloor, by which he has rejected applications filed by the petitioners for issuance of caste certificates. 3. Heard learned counsel for the parties. 4. It appears that both the petitioners are real brothers and had filed separate applications seeking caste certificates as belonging to Thakur Scheduled Caste. The petitioners had submitted various documents along with their applications including caste certificate issued in the name of their father along with his affidavit. The Sub Divisional Officer rejected the applications by observing that the documents produced are not sufficient to issue caste certificates to the petitioners. The petitioners have challenged the said orders before the Scrutiny Committee. The Scrutiny Committee disposed of the appeals vide judgment and order dated 19.05.2009 by observing that the Sub Divisional Officer has rightly concluded that the documents are not sufficient to issue caste / tribe certificate as claimed by the petitioners. The judgment and order of the Scrutiny Committee is impugned in this {3} petition. 5. It appears that along with the applications submitted before the Sub Divisional Officer, the petitioners had produced caste certificate issued in the name of their father. It is but natural that sons are entitled to the caste of their father. It further appears that the said document is not properly considered and appreciated by the Sub Divisional Officer as well as by the Scrutiny Committee. In substance, the impugned judgment and orders are liable to be quashed and set aside. Accordingly, we quash and set aside the judgment and order passed by the Scrutiny Committee dated 19.05.2009 and order dated 18.01.2007 passed by the Sub Divisional Officer. We hereby direct Sub Divisional Officer, Degloor to issue caste / tribe certificates to the petitioners as belonging to Thakur Scheduled Tribe, forthwith. 6. Needless to say that the caste certificates would be subject to verification by the competent scrutiny committee. 7. Writ petition succeeds. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5162-09