1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5419 OF 2009 Kum.Prerana D/o.Prakash Kaypalwad Age-Minor, Occu-Education, R/o.at-post-Bhisi Tal.Kinwat, Dist.Nanded, through natural guardian/father Shri.Prakash S/o.Laxman Kaypalwad Age-40 years, Occu-Service, R/o. As above, at present Jaypal Dapke House, Gunale Galli, Ta.Ahmednagar, Dist-Latur PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Kinwat, District-Nanded. RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.K.B.Chaudhary, 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 : 20/08/2009 2 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of 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 petitioner herein has challenged the judgment and order passed by the Scrutiny Committee, Aurangabad Division Aurangabad in appeal no.762/2008 which was preferred against the order passed by The Sub Divisional Officer, Kinwat dated 10/07/2008 by which he has rejected the application of the applicant/petitioner dated 26/12/2007 filed for the issuance of caste certificate. 3. The facts which gave rise to file the present writ petition can be summarized as the applicant herein had filed an application for issuance of caste certificate as she claimed that she belongs to Mannerwarlu Scheduled Tribe to the Sub Divisional officer, Kinwat District Nanded. Alongwith the said application, she has produced various documents including the school leaving certificate of her father, the first page of the extract of the service book of her father and the caste certificate issued by Tahsildar Kinwat dated 29/06/1988. Inspite of this documentary evidence, learned Sub Divisional Officer, Kinwat pleased to reject the application vide his order dated 10/07/2008 by observing that the documents produced on behalf of petitioner applicant are not sufficient for issuance of the caste certificate as claimed by the applicant. This order came to be 3 challenged by preferring an appeal before the Scrutiny Committee, Aurangabad Division Aurangabad which appeal was numbered as Appeal No.762/2008. By the judgment and order dated 13/03/2009, the Scrutiny Committee Aurangabad Division Aurangabad pleased to confirm the order passed by The Sub Divisional Officer, Kinwat and rejected the appeal. These orders are impugned in the present writ petition. 4. Heard respective counsels for the parties. 5. During the course of submissions across the bar, our attention is drawn towards the fact that in the order passed by The Sub Divisional Officer, Kinwat dated 10/07/2008 as well as the order passed by the Scrutiny Committee, Aurangabad Division Aurangabad has not discussed the documents tendered alongwith the application by the petitioner applicant, but simply concluded that the documentary evidence tendered on behalf of the petitioner applicant is not sufficient to hold that it is sufficient to issue caste certificate as claimed by the petitioner applicant. 6. During the course of arguments, our attention is drawn towards unnumbered para 1 of the order passed by The Sub Divisional Officer, Kinwat wherein we find reference about the caste certificate issued in the name of father of the applicant petitioner. Xerox copy of this certificate is at page no.14 of the present writ petition which clearly shows that the Tahsildar and Taluka Magistrate 4 Kinwat have issued caste certificate in the name of father of the petitioner applicant that he belongs to Mannerwarlu Scheduled Tribe which is mentioned at Sr.No.27 of the enactment. It is but natural that the daughter is entitled for the caste of her father. During the course of submissions across the bar, copy of judgment and order passed in W.P. No.4310/2009 dated 09/07/2009 is placed in our hand. In the said writ petition, the Division bench of this Court have issued the directions to the Sub Divisional Officer to issue the certificate to the petitioner in that writ petition as belongs to Mannerwarlu Scheduled Tribe who is the real brother of the present petitioner applicant. One of us (Shri.P.V.Hardas, J.) is a member of the Division Bench delivered this judgment. This also shows that the petitioner applicant is entitled for issuance of caste certificate as he belongs to Mannerwarlu Scheduled Tribe. These documents produced on behalf of the petitioner applicant were overlooked and not considered at all by the Sub Divisional Officer, Kinwat as well as the Scrutiny Committee, Aurangabad Division Aurangabad in appeal. Thus the impugned judgment and order under this writ petition suffers from non application of mind and liable to be quashed and set aside. Accordingly we quash and set aside the judgment and order passed by the Scrutiny Committee Aurangabad Division Aurangabad as well as the order passed by the Sub Divisional Officer, Kinwat. We hereby direct to the Sub Divisional Officer, Kinwat to issue caste certificate to the petitioner as he belongs to Mannerwarlu Scheduled Tribe forthwith. 5 7. Needless to say that the caste certificate to be issued will be subject to verification by competent Scrutiny Committee. 8. Rule thus made absolute as indicated above, and accordingly the writ petitions stand disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5419-09