1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3210 OF 2010 Shrikant Madhavrao Pallewad, Age 20 years, Occ. Education, R/o Godamgaon, Taluka Naigaon, District Nanded, through his next friend i.e. brother Vijay Madhavrao Pallewad, Age 18 years, Occ. Education, R/o as above. ... PETITIONER VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary. 2. Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded. (Copies of respondent Nos.1 & 2 to be served in the office of Government Pleader, High Court, Bench at Aurangabad) ... RESPONDENTS ..... Shri S.S. Phatale, Advocate for the petitioner Shri R.P. Phatke, Special Counsel for respondent No.1. Mrs. A.V. Gondhalekar, A.G.P. for respondent No.2 ..... W I T H WRIT PETITION NO.3211 OF 2010 Vijay Madhavrao Pallewad, Age 18 years, Occ. Education, R/o Godamgaon, Taluka Naigaon, District Nanded ... PETITIONER 2 VERSUS 1. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Member Secretary. 2. Sub-Divisional Officer, Degloor, Taluka Degloor, District Nanded. (Copies of respondent Nos.1 & 2 to be served in the office of Government Pleader, High Court, Bench at Aurangabad) ... RESPONDENTS ..... Shri S.S. Phatale, Advocate for the petitioner Shri R.P. Phatke, Special Counsel for respondent No.1. Mrs. A.V. Gondhalekar, A.G.P. for respondent No.2 ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 6th August, 2010 ORAL JUDGMENT (PER P.V. HARDAS, J.): 1. Since the petitioners are related inter-se, these two petitions can be decided by this common judgment. Hence Rule. Rule made returnable forthwith. With the consent of lerned counsel for the parties, these petitions are heard finally at the stage of admission. 2. The petitioners challenged the order passed by the Sub- Divisional Officer, Degloor rejecting the applications submitted by the 3 petitioners for issuance of caste certificates as belonging to Mannerwarlu – Scheduled Tribe. The petitioners also challenged the order passed in appeals by the Scrutiny Committee rejecting the appeals. 3. The petitioners, who were desirous of obtaining the caste certificates as belonging to Mannerwarlu – Scheduled Tribe, submitted an application before the Sub-Divisional Officer, Degloor, requesting for issuance of the caste certificates. The petitioners relied upon the validity certificate issued to the uncle of the petitioners. The Sub- Divisional Officer rejected the applications of the petitioners on the ground that in the Census record the caste of grandfather of the petitioners was recorded as Manurwar. 4. According to us, the fact that the first cousin of the father of the petitioners had been issued with the validity certificates, the petitioners also ought to have been issued with the certificates as belonging to Mannerwarlu – Scheduled Tribe. In that light of the matter, these petitions are allowed 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 belonging to Mannerwarlu – Scheduled Tribe. 4 5. Rule made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)