{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4946 OF 2009 Pradip Sahebrao Kamthewad Age-19 years, Occ-Education R/o Kushnur, Tq-Naigaon (Kh) 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 its Deputy Director (R) 3. The Sub-Divisional Officer, Degloor Dist-Nanded RESPONDENTS ....... Mr.S.M.Vibhute, Advocate for petitioner Mr.V.H.Dighe, 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 : 30 th July 2009 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 writ petition, under Article 226 of the Constitution of India, the petitioner challenges the order of the Scrutiny Committee dated 27.02.2009 thereby confirming the order passed by Sub Divisional Officer, Degloor dated 06.12.2008 by which the Sub Divisional Officer has rejected the application submitted by the petitioner for issuance of a caste certificate as belonging to Mannerwarlu Scheduled Tribe. 3. Heard learned counsel for the parties. 4. It appears that the petitioner had filed an application before the Sub Divisional Officer, Degloor for issuance of a caste certificate claiming that he belongs to Mannerwarlu Scheduled Tribe. The petitioner has submitted various documents in support of his claim, before the Sub Divisional Officer, including caste certificate of his father. The petitioner has also produced caste validity certificate issued to his cousins. The Sub Divisional Officer has observed that the documents produced are not sufficient to his subjective satisfaction and rejected the application submitted by the petitioner. It further appears that being aggrieved by the said order, the petitioner has preferred an appeal before the Scrutiny Committee, which also came to be dismissed by the Scrutiny Committee observing that “the Scrutiny Committee deeply observed the order passed by the Sub Divisional Officer and the documentary evidence submitted by the appellant along with the proposal and the Committee have come to the conclusion that the {3} order passed by the Sub Divisional Officer, is satisfactory and therefore the committee is agreed with the decision of the Sub Divisional Officer and hence the said appeal is rejected”. 5. It appears that the father of the petitioner has been issued caste certificate, which was submitted by the petitioner before the Sub Divisional Officer. This document is not properly appreciated by the Sub Divisional Officer as well as Scrutiny Committee. In the premise, the orders passed by the Sub Divisional Officer as well as Scrutiny Committee are not sustainable in law and hence require to be quashed and set aside. Accordingly, we allow this petition and quash and set aside the order passed by the Scrutiny Committee dated 27.02.2009 as well as the order passed by Sub Divisional Officer dated 06.12.2008. We direct the sub Divisional Officer, Degloor to issue caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe. 6. It goes without saying that the caste certificate would be subject to verification by the competent authority. 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/wp4946-09