1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5920 OF 2010 Kum. Rupa d/o Ramchandra Boinwad, Age 18 years, Occ. Education, R/o At Post Barbada, Taluka Naigaon (Kh.), District Nanded. ... PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri D.R. Korde, A.G.P. for respondent Nos.1 & 3 Shri R.P. Phatke, Standing Counsel for respondent No.2. ..... W I T H WRIT PETITION NO.5933 OF 2010 Kum. Pranita d/o Ramchandra Boinwad, 2 Age 20 years, Occ. Education, R/o At Post Barbada, Taluka Naigaon (Kh.), District Nanded. ... PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri D.R. Korde, A.G.P. for respondent Nos.1 & 3 Shri R.P. Phatke, Standing Counsel for respondent No.2. ..... W I T H WRIT PETITION NO.5934 OF 2010 Akshay s/o Ramchandra Boinwad, Age minor, Occ. Education, R/o At Post Barbada, Taluka Naigaon (Kh.), District Nanded. Through father natural guardian Shri Ramchandra s/o Gangaram Boinwad, Age 54 years, Occ. Service, R/o as above. ... PETITIONER 3 VERSUS 1. The State of Maharashtra, through Secretary to Tribal Development Department, Mantralaya, Mumbai (Copy to be served through Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Scheduled Tribe Caste Certificate Verification Committee, Aurangabad, through its Dy. Director (R), Aurangabad 3. The Sub-Divisional Officer, Degloor, District Nanded ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri D.R. Korde, A.G.P. for respondent Nos.1 & 3 Shri R.P. Phatke, Standing Counsel for respondent No.2. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 15th July, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. Since all these petitions are filed by the petitioners who are related inter-se, and who question similar order passed by the Sub-Divisional Officer, Degloor, these three petitions are being decided by this common judgment. 4 2. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. 3. The petitioners, by these petitions, question the correctness of the order passed by the Sub-Divisional Officer, Degloor, rejecting the application filed by the petitioners and the orders of the Scrutiny Committee in appeal, confirming the orders of the Sub- Divisional Officer. 4. The petitioners who are desirous of obtaining caste certificates as belonging to Koli Mahadeo – Scheduled Tribe, submitted applications before the Sub-Divisional Officer. The petitioners placed heavy reliance upon the caste certificate issued to their father. The Sub-Divisional Officer rejected the applications on the ground that the caste of the relatives of the petitioners were recorded as Koli in the revenue record. 5. According to us, the fact that father of the petitioners has been issued with the certificate as belonging to Koli Mahadeo – Scheduled Tribe, the petitioners ought to have been issued with a certificate also. In that light of the matter, therefore, these petitions 5 succeed and the impugned orders are quashed and set aside and the Sub-Divisional Officer, Degloor is directed to forthwith issue caste certificates to the petitioners as Koli Mahadeo – Scheduled Tribe. 6. Rule is thus made absolute on above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)