{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5863 OF 2009 Ruksharaj s/o Ankushrao Salunkhe Age-24 years, Occ-Education R/o Nandgaon, Tq-Ambajogai Dist-Beed 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, Ambajogai, Dist-Beed 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: 30th September 2009 ORAL 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 petition, under Article 226 of the Constitution of India, the petitioner challenges the judgment and order dated 19.05.2009 passed by the Scrutiny committee, Aurangabad thereby dismissing the appeal filed by the petitioner and confirming the order dated 02.03.2007 passed by the Sub Divisional Officer, Ambajogai by which the Sub Divisional Officer had rejected the application of the petitioner for issuance of caste certificate. 3. It appears that the petitioner had filed an application before the Sub Divisional Officer, Ambajogai, seeking caste certificate claiming to be belonging to Thakur Scheduled Tribe. The petitioner had also submitted various documents along with the said application, including caste certificate issued in favour of his cousin along with his affidavit and genealogy. The Sub Divisional Officer, vide order dated 02.03.2007, rejected the application of the petitioner by observing that the documents submitted by the petitioner are not sufficient to issue caste certificate, as prayed for. It further appears that the petitioner, being aggrieved by the said order of rejection, preferred an appeal before the Scrutiny Committee. However, the Scrutiny Committee, vide its order dated 19.05.2009, dismissed the said appeal, which order is impugned in this petition. 4. Heard learned counsel for the parties. 5. Learned counsel for the petitioner invited our attention to the affidavit filed by one Ashok Govind Salunkhe, to whom caste certificate is issued by the Sub Divisional Officer, Ambajogai. The genealogy, produced along with the affidavit of the caste certificate {3} holder, clearly indicates that the present petitioner is his first cousin. In the premise, it prima facie appears that the petitioner belongs to Thakur Scheduled Tribe. It further appears that the documents produced by the petitioner along with his application and appeal are not properly considered by the Sub Divisional Officer, Ambajogai as well as by the Scrutiny Committee. Therefore, the impugned orders, since passed without application of mind, are liable to be quashed and set aside. Accordingly, this petition succeeds. We hereby quash and set aside the impugned orders dated 19.05.2009 passed by the Scrutiny Committee, Aurangabad and dated 02.03.2007 passed by the Sub Divisional Officer, Ambajogai. We direct the Sub Divisional Officer, Ambajogai to forthwith issue caste certificate in favour of the petitioner to the effect that the petitioner belongs to Thakur Scheduled Tribe. 6. Needless to state that the caste certificate to be issued would be subject to verification by the competent scrutiny committee. 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/wp5863-09