{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6370 OF 2009 Kiran s/o Laxman Karhade Age-17 years (minor) Through his next friend i.e. brother Anand Laxman Karhade Age-21 years Occ-Student R/o Narangal, Tq-Degloor, Dist-Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist-Nanded 2. Scheduled Tribe Caste Certificate Verification & Scrutiny Committee Aurangabad Through its Member Secretary RESPONDENTS ....... Mr.S.S.Phatale, Advocate for petitioner Mr.V.H.Dighe, AGP for respondent No.1 Mr.P.S.Patil, Advocate for respondent No.2 ....... WITH WRIT PETITION NO.6381 OF 2009 Anand Laxman Karhade Age-21 years, Occ-Student R/o Narangal Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist-Nanded {2} 2. Scheduled Tribe Caste Certificate Verification & Scrutiny Committee Aurangabad Through its Member Secretary RESPONDENTS ....... Mr.S.S.Phatale, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondent No.1 Mr.U.S.Malte, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 25 th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed by the real brothers on same set of facts and common question of law in involved in these petitions, hence these petitions are being disposed of by this common judgment. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties these petitions are heard finally at the stage of admission. 3. By these petitions, under Article 226 of the Constitution of India, the petitioners have challenged the order dated 30.06.2009 passed by the Scrutiny Committee, Aurangabad thereby dismissing the appeals filed by the petitioners and confirming the orders dated 11.05.2009 and 16.05.2009 passed by the Sub Divisional Officer, Degloor, by which the Sub Divisional Officer had rejected the applications of the petitioners for issuance of caste certificates. {3} 4. It appears that the petitioners, who are real brothers, have submitted applications before the Sub Divisional Officer, Degloor seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had produced various documents along with their applications, including caste validity certificate issued to their first cousin and his affidavit with detailed genealogy showing interse relations between the petitioners and the caste validity certificate holder. The Sub Divisional Officer, vide orders dated 11.05.2009 and 16.05.2009 rejected the applications of the petitioners by observing that the documents are not sufficient to issue caste certificates as prayed for. It further appears that the petitioners, being aggrieved by the said orders, preferred appeals before the Scrutiny Committee challenging the orders passed by the Sub Divisional Officer. However, the Scrutiny Committee, vide order dated 30.06.2009, dismissed the appeals and uphold the orders passed by the Sub Divisional Officer. These orders are impugned in these petitions. 5. Heard learned counsel for the parties. 6. During the course of submissions, our attention is drawn towards the affidavit and genealogy filed by one Karhade Aditya Chandrakant, first cousin of the petitioners, to whom caste validity has been issued by the Scrutiny Committee, Aurangabad. These documents clearly establish the interse relations, from paternal side, between the caste validity certificate holder and the petitioners. It is apparent that these documents are not at all considered by the Sub Divisional Officer as well as by the Scrutiny Committee. In the premise, the impugned orders, since are erroneous, require to be quash and set aside. {4} 7. In the result, these petitions succeed. We hereby quash and set aside the impugned orders. We direct the Sub Divisional Officer, Degloor to forthwith issue caste certificates to the petitioners to the effect that they belong to Mannerwarlu Scheduled Tribe. 8. Needless to state that the caste certificates to be issued will be subject to verification by the competent scrutiny committee. 9. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp6370-09