1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5246 OF 2010 Manisha Madhavrao Yamunwar, Age 17 years (Minor), Occu.Education, Through her father, Madhavrao Yamunwar, R/o At Post Khanapur, Tq.Degloor, District Nanded .. PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS Mr.S.S.Phatale, Advocate for petitioner Mr.U.S.Malte, Advocate for respondent No.1 Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondent No.2 AND WRIT PETITION NO.5259 OF 2010 Sandeep s/o Madhavrao Yamunwar, Age 22 years (Minor), Occu.Education, R/o At Post Khanapur, Tq.Degloor, District Nanded .. PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary 2. Sub Divisional Officer, Degloor, Taluka Degloor, District Nanded ..RESPONDENTS 2 Mr.S.S.Phatale, Advocate for petitioner Mr.P.S.Patil, Advocate for respondent No.1 Mr.S.K.Kadam, Assistant Govt.Pleader for respondent No.2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 18 th June 2010 ORAL JUDGMENT (PER P.V.HARDAS, 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. Since the petitioners are related inter se, both these petitions are being decided by this common judgment. 2. The petitioners who were desirous of obtaining caste certificate as belonging to Koli Mahadev – Scheduled Tribe, submitted applications before the Sub Divisional Officer, Degloor for issuance of the certificates. The Sub Divisional Officer, Degloor, by order dated 18.12.2009 and 1.1.2010, respectively rejected the applications ignoring the fact that the father of the petitioners has been issued with the caste certificate as belonging to Koli Mahadev – Scheduled Tribe by the competent authority. The appeals filed by the petitioners before the appellate authority also met with the same fate. 3 3. In the light of the fact that the father of the petitioners has been issued with the certificate as belonging to Koli Mahadev – Scheduled Tribe, according to us the petitioners are also entitled to be issued with the said certificate. We, accordingly, allow these petitions, quash and set aside both the impugned orders and direct the Sub Divisional Officer, Degloor to forthwith issue caste certificates to the petitioners as belonging to Koli Mahadev – Scheduled Tribe. 4. Rule is thus made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5246-5259.10wp)