1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3551 OF 2009 Radhakisan S/o.Nivrutti Taware, Age-24 years, Occu-Education, R/o.Doiphodwadi, Tq.Georai, District : Beed PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development Department, Mantralaya, Mumbai 2. The Scheduled Certificate Scrutiny Committee, Aurangabad Division, Aurangabad. Through its Deputy Director. (R), Aurangabad. 3. The Sub Divisional Officer, Beed, District-Beed. RESPONDENTS Mr.P.V.Jadhavar, learned counsel for petitioner. Mr.V.B.Ghatge, 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 : 20/08/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. By consent of 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 applicant has challenged the judgment and order passed by the Scrutiny Committee, Aurangabad Division Aurangabad dated 30/03/2009 in Appeal No.38/2009 which was preferred against the order passed by the Sub Divisional Officer, Beed dated 12/12/2008 by which the Sub Divisional Officer, Beed has rejected the application received in his office dated 09/09/2008 for issuance of the caste certificate. 3. The facts which gave rise to file the present writ petition can be summarized as : It appears that the petitioner applicant has filed an application in the office of Tahsildar, Gevrai, Dist.Beed for issuance of caste certificate as he claimed that he belongs to Mahadev Koli, Scheduled Tribe. This application reached in the office of Sub Divisional Officer, Beed. The application has filed alongwith various documents including the caste validity certificate issued in the name of one Raosaheb Narayan Toure, who has filed his affidavit that applicant is his cousin. According to Sub Divisional Officer, these documents produced on behalf of petitioner applicant are not sufficient for issuance of caste certificate as the petitioner applicant belongs to Mahadev Koli, Scheduled Tribe and hence he has rejected the application vide his order dated 12/12/2008. This order passed by The Sub Divisional Officer, Beed is challenged by way of appeal before the Scrutiny Committee, Aurangabad Division Aurangabad. This appears to be numbered as Appeal No.38/2009. By his judgment and order dated 30/03/2009, Scrutiny Committee 3 Aurangabad Division Aurangabad rejected the said appeal and confirmed the order passed by the Sub Divisional Officer, Beed. These judgments and orders are impugned in the present writ petition. 4. We heard the respective counsels for the parties. 5. During the course of arguments across the bar, our attention is drawn by the learned counsel appearing for the petitioner that alongwith the application for issuance of caste certificate, the applicant petitioner has produced the caste validity certificate issued in the name of one Raosaheb Narayan Toure who claims to be cousin of the present applicant petitioner and alongwith this caste validity certificate, said Raosaheb Toure has also filed his affidavit. On our query as well as the documents annexed with the writ petition as well as the documents produced alongwith the application clearly shows that the applicant petitioner has even though produced the caste validity certificate and the affidavit of the caste validity certificate holder, but alongwith this affidavit of the caste validity certificate holder, he has not filed the genealogy showing his relation with the present petitioner applicant. During the course of submissions across the bar, learned counsel appearing for the petitioner assure us that if the matter is remitted back before the Sub Divisional officer, Beed, he is ready to produce the proper genealogy to the subjective satisfaction of the Sub Divisional Officer, Beed. We accept this request and as the matter is require to be remitted back, the Sub 4 Divisional Officer who has to appreciate this documentary evidence to be laid before him, we hereby quash and set aside the order passed by the Scrutiny Committee Aurangabad and the order passed by the Sub Divisional officer Beed, dated 12/12/2008 and remit the matter back to Sub Divisional Officer, Beed. We hereby direct the applicant petitioner to appear within 2 weeks from the date of this order before Sub Divisional Officer, Beed and to produce proper genealogy before the Sub Divisional Officer Beed and any other additional evidence which he intends to produce. Sub Divisional Officer, Beed is hereby directed to consider the genealogy and any other documents if produced by the applicant petitioner and to dispose of the application in accordance with Law within the period of 2 months thereafter. 6. Rule thus made absolute as indicated above, and accordingly the writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp3551-09