1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5278 OF 2009 Omkar S/o.Arjun Salunke, Age-6 years Minor, Occu-Student, Through his guardian (father) Arjun S/o.Kondiba Salunke, Age-32 years, Occu-Service, R/o.At Post-Gunjewadi, Tq.and Dist. Osmanabad PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy.Director (Research), Aurangabad 3. The Sub Divisional Officer, Osmanabad, Dist.Osmanabad. RESPONDENTS WITH WRIT PETITION NO.5279 OF 2009 Ku.Sonali D/o.Arjun Salunke, Age-9 years minor, Occu-Student, Through his guardian (father) Arjun S/o.Kondiba Salunke, Age-32 years, Occu-Service, R/o.At Post-Gunjewadi, Tq.and Dist. Osmanabad PETITIONER 2 VERSUS 1. The State of Maharashtra, Through its Secretary, Tribal Development Department, Mantralaya, Mumbai-32. 2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy.Director (Research), Aurangabad 3. The Sub Divisional Officer, Osmanabad, Dist.Osmanabad. RESPONDENTS Mr.B.R.Kedar, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3 Mr.U.S.Malte, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 14/08/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Both these petitions raised common question of law and based on the same set of facts, hence both these petitions can be disposed of by way of common judgment. 2. Rule. Rule made returnable forthwith. By consent of the parties, writ petition is finally heard at the stage of admission. 3. By the present writ petition under Article 226 of The Constitution of India, the petitioners in both these petitions have 3 challenged the judgment & order passed by the Scrutiny Committee, Aurangabad Division Aurangabad rejecting the appeals bearing no. 55/2009 and 56/2009 dated 30/03/2009 in respect of petitioners in both the petitions and judgment and order dated 20/12/2008 passed by the respondent no.3 S.D.O. Osmanabad. 4. The facts which gave rise to file these both writ petitions can be summarized as : One Arjun Kondiba Salunkhe has filed two applications, one on behalf of his minor son Onkar Arjun Salunkhe and one on behalf of minor daughter Sonali Arjun for issuance of caste certificate as they claimed that they belongs to Thakar the Scheduled Tribe. Alongwith the applications, the applicants have furnished the caste certificate issued in the name of father of both these minors alongwith other documents. By his order dated 20/12/2008, both these applications submitted on behalf of the petitioners were rejected by Sub Divisional Officer, Osmanabad which orders were challenged in appeal before the Scrutiny Committee, Aurangabad Division Aurangabad. These appeals were numbered as appeal No.55/2009 and 56/2009. By his order dated 30/03/2009, both these appeals were rejected by the Scrutiny Committee, Aurangabad Division Aurangabad by observing that considering the reasoning recorded by the Sub Divisional Officer, Osmanabad by holding that the documents produced before him on behalf of petitioner are not sufficient for issuance of the caste certificate as claimed. These orders are impugned in these writ petitions. 4 5. Heard respective counsels for the parties. 6. During the course of submissions across the bar, our attention is drawn towards the xerox copy of the caste certificate issued in the name of father of both these minor petitioners by name Arjun Salunkhe issued by the Sub Divisional Officer, Osmanabad dated 05/10/2004. The xerox copy of the certified copy are on record at page no.10 in both these petitions. It is but natural that the son and daughter are entitled for the caste of their father. In the caste certificate, issued in the name of father of both these petitioners, the caste is recorded as Thakar at Sr.No.ST-44 which is recognized as Scheduled Caste/Scheduled Tribes under the Act. On reading this document, it is apparent that the Sub Divisional Officer, Osmanabad as well as the Scrutiny Committee Aurangabad Division Aurangabad has committed an error by rejection of the application and appeal preferred on behalf of these petitioners for issuance of caste claim certificate as prayed for. Hence we quash and set aside the order passed by the Scrutiny Committee, Aurangabad Division Aurangabad dated 30/03/2009 in appeal no.55/2009 and 56/2009 and also set aside the order passed by the Sub Divisional Officer, Osmanabad on the application submitted on behalf of the petitioner. We hereby direct Sub Divisional Officer, Osmanabad to issue caste certificate to both the petitioners as they belongs to “Thakar” Scheduled Tribe forthwith. 7. Needless to say that the caste certificate to be issued will be 5 subject to verification by competent Scrutiny Committee. 8. Rule thus made absolute as indicated above, and accordingly the writ petitions stand disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5278-09