1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5432 OF 2009 Nitin S/o.Dattatraya Darmod Age-Minor, Occu-Education, R/o.At-Post-Atkur, Tq.Dharmabad, Dist.Nanded through father and natural guardian, Shri.Dattatraya S/o.Dharmanna Darmod, Age-42 years, Occu-Service, R/o. As above. 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, Degloor, 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 dated 30/06/2009 in appeal no.231/2009 by which the Scrutiny Committee, Aurangabad Division Aurangabad confirmed the order passed by the Sub Divisional Officer, Degloor dated 07/05/2009 by which the Sub Divisional Officer, Degloor has rejected the application for issuance of caste claim of the applicant petitioner. 3. The facts which gave rise to file the present writ petition can be summarized as - the applicant petitioner has filed an application on 22/05/2008 before Sub Divisional Officer, Degloor for issuance of caste certificate as he claimed that he belongs to Mannerwarlu Scheduled Tribe. Alongwith his application, he has produced various documents including the affidavit of his father and xerox copies of the service book of his father wherein caste of his father is recorded as Mannerwarlu. It appears that this documentary evidence was not accepted as sufficient to issue the caste certificate by The Sub Divisional Officer, Degloor and rejected the appeal. These judgment and orders are the subject matter of this writ petition. 4. We heard the respective counsels for the parties. 3 5. During the course of arguments, our attention is drawn towards the xerox copy of the first page of the service book of the father of the petitioner wherein there is reference that “caste certificate verified by Taluka Executive Magistrate, Biloli vide order no.496 dated 10/12/1984.” Undisputedly, this caste certificate issued in the name of father of the petitioner was not produced before the Sub Divisional Officer, Degloor alongwith the application filed by the petitioner applicant for issuance of the caste certificate. Today, it is stated across the bar that the applicant petitioner is ready to furnish this caste certificate issued in the name of his father before The Sub Divisional Officer, Degloor and further requested to remand the matter back to the Sub Divisional Officer, Degloor for re- consideration in the light of the additional documents which the applicant petitioner intends to tender before the Sub Divisional officer Degloor. We accept this request and quash and set aside the order passed by the Scrutiny Committee Aurangabad Division Aurangabad and the order passed by the Sub Divisional Officer, Degloor, the subject matter under challenge in the present writ petition. We hereby direct the applicant petitioner to appear before the Sub Divisional Officer, Degloor alongwith the caste certificate issued in the name of father of the petitioner applicant and other necessary documents which he intends to produce before the Sub Divisional Officer within the period of 2 weeks from the date of this order and we hereby further direct the Sub Divisional Officer, Degloor to consider the application of the petitioner afresh in the light of further documents tendered by the applicant petitioner and to dispose of the 4 application in accordance with Law within the period of 2 months thereafter. 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/wp5432-09