{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6970 OF 2009 Bhagwan s/o Vishwanath Shridole Age-33 years, Occ-Education R/o At. Post Banshelki, Tq-Udgir Dist-Latur PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai – 32 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Through its Deputy Director (R) Aurangabad 3. The Sub Divisional Officer, Udgir, Tq-Udgir, Dist-Latur RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondents No. 1 and 3 Mr.R.P.Phatke, Advocate for respondent No.2 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE: 15th October 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. By the present petition, under Article 226 of the Constitution of India, the petitioner has challenged the judgment and {2} order dated 21.07.2009 passed by the Divisional Scrutiny Committee, Aurangabad in Appeal No.282/2009 thereby dismissing the said appeal and confirming the order dated 08.06.2009 passed by the Sub Divisional Officer, by which the Sub Divisional Officer has rejected the application of the petitioner. 3. At the outset, the facts, which gave rise to file the present petition, may be summarized thus - The petitioner had submitted an application on 06.01.2008 before the Sub Divisional Officer, Udgir seeking caste certificate claiming to be belonging to Rajgond Scheduled Tribe. Along with the said application, the petitioner had also produced various documents including the caste certificate issued to his real brother, cousin and niece. It appears that the Sub Divisional Officer, vide order dated 08.06.2009, rejected the application filed by the petitioner by observing that the documents produced by the petitioner are not sufficient to issue caste certificate as prayed for. It further appears that the petitioner, being aggrieved by the order passed by the Sub Divisional Officer, preferred an appeal before the Scrutiny Committee. However, the Scrutiny Committee, vide its judgment and order dated 21.07.2009 dismissed the said appeal and confirmed the order of the Sub Divisional Officer. The said orders are impugned in this petition. 4. Heard learned counsel for the parties. 5. During the course of submissions across the bar, our attention is invited by the learned counsel appearing for the petitioner towards the caste certificate issued to the real brother of the petitioner {3} and towards the caste validity certificate issued to the nephew of the petitioner, i.e. son of the real brother of the petitioner, Umakant Vishwanath Shridole. Learned counsel appearing for the petitioner also drawn our attention towards the affidavit filed by the caste validity certificate holder and the genealogy produced along with the said affidavit and also towards the affidavit of the brother of the petitioner. According to us, the documents on record are, prima facie, sufficient to infer that the petitioner is entitled to the caste certificate as prayed for. It appears that the documents produced on record are not properly appreciated and the authorities have erroneously rejected the claiming of the petitioner. In the premise, according to us, the orders impugned in the present petition are liable to be quashed and set aside. Accordingly, this petition succeeds. The impugned order dated 21.07.2009 passed by the Scrutiny Committee and the order dated 08.06.2009 passed by the Sub Divisional Officer are hereby quashed and set aside. We direct the Sub Divisional Officer, Udgir to issue caste / tribe certificate in favour of the petitioner to the effect that the petitioner belongs to Rajgond Scheduled Tribe, forthwith. 6. Needless to state that the caste certificate to be issued will 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/wp6970-09