1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4980 OF 2009 Maroti S/o. Kondiba Pupalwad, Age-25 years, Occu-Education, R/o.At-Post-Patoda, Tq.Naigaon (Kh.), Dist. Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development 2. The Scheduled Tribe Caste Certificate Vertification Committee, Aurangabad Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District : Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.U.S.Malte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS AND A.V.POTDAR, J.J.) DATE : 31/07/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of the parties, writ petition is taken up for final hearing at the stage of 2 admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has challenged the judgment and order passed by The Scrutiny Committee, Aurangabad Division Aurangabad, dated 30/03/2009 in appeal no.803/2008, which is preferred against the order dated 06/12/2008 passed by The Sub Divisional Officer, Degloor by which the Sub Divisional Officer had rejected the application submitted by the petitioner for issuance of caste certificate dated 07/08/2008. 3. Heard respective learned counsels for petitioner and respondents. With their assistance, perused the record and proceeding as well as the documents produced by the petitioner before the Sub Divisional Officer, Degloor. Also perused the order passed by The Sub Divisional officer, Degloor as well as the order passed by the members of the Scrutiny Committee. 4. It appears that on 07/08/2008, an application was moved by the petitioner before The Sub Divisional Officer, Degloor for issuance of caste certificate as he claimed that he belongs to Manerwarlu Scheduled Tribe. Alongwith this application, several documents were produced including the caste validity certificate issued to the first cousin of the petitioner as well as the caste validity certificates issued in favour of second cousin of the petitioner. Inspite of this documentary evidence, the Sub Divisional Officer pleased to reject 3 the application submitted by the petitioner on the ground that the documents produced by the petitioner are not sufficient to grant caste certificate to the petitioner as prayed for. Being aggrieved by the said order, an appeal was referred before the Scrutiny Committee, Aurangabad Division Aurangabad which is numbered as appeal no. 803/2008 by which the order passed by the Sub Divisional Degloor was confirmed by the Scrutiny Committee, Aurangabad. 5. During the course of submissions across the bar, it is urged by learned counsel appearing for the petitioner that The Sub Divisional Officer, Degloor has rejected the application submitted by him inspite of the caste validity certificate issued in favour of cousin of the petitioner as well the second cousin of the petitioner was rejected on the ground that proper and full genealogy was not furnished before The Sub Divisional Officer, Degloor by the petitioner. It is submitted on behalf of petitioner that leave was sought on behalf of the petitioner to produce the proper and clear genealogy before the Sub Divisional Officer, Degloor within the stipulated period and the matter be remitted back to The Learned Sub Divisional Officer for hearing afresh in the light of the proper genealogy produced on behalf of the petitioner. As caste validity certificate was issued in favour of the cousin and second cousins of the petitioner, we accept this request of the petitioner and remitted back the matter for hearing afresh to The Sub Divisional Officer, Degloor and for that we quash and set aside the orders passed by The Scrutiny Committee Aurangabad Division Aurangaba as well as the Sub Divisional Officer, 4 Degloor the orders impugned under this writ petition. 6. The petitioner to appear within the period of two weeks from the date of this order or within the period of 2 weeks from the communication of the writ of the order in this writ petition before Sub Divisional Officer, Degloor and to produce the proper and complete genealogy as prayed. Sub Divisional Officer, Degloor is hereby directed to consider the application of the petitioner afresh without influenced by the observations of this Court while disposing this writ petition and to decide the application in accordance with law within the period of 4 weeks thereafter. 7. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4980-09