{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4982 OF 2009 Kum. Sandhyarani d/o Prakashrao Bhutapalle, Age-Minor Occ-Education Through Natural Guardian, Father Prakash Nivruttirao Bhutapalle R/o Sadgurunagar, Tq-Degloor, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through Dy. Director (R) 3. The Sub Divisional Officer, RESPONDENTS Degloor, Dist-Nanded ....... Mr.S.M.Vibhute, Advocate for the petitioner Mr.N.N.Jadhav, 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 : 31st July 2009 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} 2. By the present petition, under Article 226 of the Constitution of India, the petitioner challenges judgment and order dated 25.02.2009 passed by the Scrutiny Committee confirming the order passed by the Sub Divisional Officer, Degloor dated 16.10.2008 by which the Sub Divisional Officer had rejected the application filed by the petitioner seeking issuance of a caste certificate claiming that the petitioner belongs to Koli Mahadeo Scheduled Tribe. 3. Heard learned counsel for the respective parties. 4. It appears that the petitioner had moved an application seeking issuance of a caste certificate claiming that she belongs to Koli Mahadeo Scheduled Tribe. This application was accompanied by various documents including caste certificate and affidavit of the father of the petitioner. The Sub Divisional Officer rejected this application vide order dated 16.10.2008 by observing that the evidence tendered by the petitioner is not sufficient to issue caste certificate in favour of the petitioner. It further appears that the petitioner has challenged the said order by preferring appeal before the Scrutiny Committee, which came to be dismissed by the Committee vide order dated 25.02.2009. It is observed by the Scrutiny Committee that though the appellant has filed document showing caste recorded as Koli Mahadeo in the document in respect of the father and brother of the petitioner, yet these documents are of recent origin and hence not to be considered as {3} conclusive to determine the appellant’s tribe claim. Hence, the present writ petition. 5. Perused the record and documents with the assistance of learned counsel for the respective parties. It is not under dispute that along with the application, the petitioner has submitted caste certificate of the father of the petitioner . This document is not at all considered by the Sub Divisional Officer as well as the Scrutiny Committee. In the premise, we constrain to hold that the orders of the Sub Divisional Officer and Scrutiny Committee are passed without application of mind and without appreciation of documents produced by the petitioner. Therefore, we allow this writ petition and quash and set aside the orders impugned in this petition. We also direct the Sub Divisional Officer, Degloor to issue caste certificate to the petitioner. 6. Needless to say that the caste certificate would be subject to verification by the competent Scrutiny Committee. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4982-09