{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5210 OF 2009 Nilesh Bhimrao Bonlawar Minor, through natural guardian, father Bhimrao Lacchamanna Bonlawar R/o Degloor, Dist-Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist-Nanded 2 Scheduled Tribe Caste Certificate Verification and Scrutiny Committee, Aurangabad Through its Member Secretary, RESPONDENTS ....... Mr.S.S.Phatale, Advocate for the petitioner, Mr.K.B.Chaudhari, Addl.G.P. for respondent No.1 Mr.U.S.Malte, Advocate for respondent No.2. ....... WITH WRIT PETITION NO.5265 OF 2009 Kum.Priyanka Bhimrao Bonlawar Minor, through natural guardian, father Bhimrao Lacchamanna Bonlawar R/o Degloor, Dist-Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist-Nanded {2} 2 Scheduled Tribe Caste Certificate Verification and Scrutiny Committee, Aurangabad Through its Member Secretary, RESPONDENTS ....... Mr.S.S.Phatale, Advocate for the petitioner, Mr.K.B.Chaudhari, Addl.G.P. for respondent No.1 Mr.R.P.Phatake, Advocate for respondent No.2. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 12th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. Both these petitions are filed on same set of facts and common question of law is involved in these petitions and hence, these petitions are disposed of by this common judgment. 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. By these petitions, under Article 226 of the Constitution of India, the petitioners, who are real brother and sister, through their father, have challenged the orders of the Scrutiny Committee dated 27.04.2009 and 28.04.2009 confirming the orders passed by Sub Divisional Officer, Degloor dated {3} 06.03.2009, by which the Sub Divisional Officer had rejected the applications filed on behalf of the petitioners seeking caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. 4. It appears that the father of the petitioners, on behalf of the petitioners, had filed applications before the Sub Divisional Officer, Degloor, for issuance of caste certificates in favour of the petitioner as they belong to Mannerwarlu Scheduled Tribe. Various documents had been submitted along with the applications, including caste validity certificate issued in favour of the father of the petitioners. The Sub Divisional Officer, vide order dated 06.03.2009 rejected the applications filed on behalf of the petitioners by observing that the documents produced on record are not sufficient to issue caste certificates in favour of the petitioners. Appeals came to be preferred on behalf of the petitioners before the Scrutiny Committee challenging the orders passed by Sub Divisional Officer. The Scrutiny Committee dismissed the said appeals vide orders dated 27.04.2009 and 28.04.2009 by observing that the documents submitted by the petitioners along with the proposal are not sufficient and the conclusion drawn by the Sub Divisional Officer is satisfactory and requires no interference. The said decision is impugned in these petitions. 5. Heard learned counsel for the parties and perused the {4} documents with the assistance of learned counsel. 6. The petitioners had submitted caste validity certificate issued in favour of their father, which is not properly considered either by the Sub Divisional Officer or by the Scrutiny Committee while scrutinizing the documents and erroneously rejected the applications and appeals. It is but natural that the sons and daughters are entitled to the caste of their father. If it is so, then the orders impugned in these petitions are liable to be quashed and set aside. Accordingly, we quash and set aside the orders dated 06.03.2009 passed by the Sub Divisional Officer and dated 27.04.2009 and 28.04.2009 passed by the Scrutiny Committee. We hereby direct the Sub Divisional Officer, Degloor to issue caste certificates in favour of the petitioners to the effect that they belong to Mannerwarlu Scheduled Tribe. 7. Needless to say that the caste certificates so issued would be subject to verification by the competent scrutiny Committee. 8. In the result, petitions succeed. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5210-09