1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4920 OF 2009 Balaji S/o.Maroti Naikwade, Age-26 years, Occu-Education, R/o. At Post : Hanegaon, Tq.Degloor, Dist.Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through secretary to Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy.Director (R), Aurangabad. 3. The Sub Divisional Officer, Degloor, District-Nanded RESPONDENTS Mr.S.M.Vibhute, learned counsel for petitioner. Mr.N.N.Jadhav, 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 : 29/07/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 2 1. Rule. Rule made returnable forthwith. By consent of the respective counsels, the writ petition is taken up for final hearing at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has challenged the judgment and order passed by the Caste Scrutiny Committee Aurangabad Division Aurangabad dated 27/04/2009 in case No.Appeal/NAN/196/2009, which arises out of the order passed by The Sub Divisional Officer, Degloor dated 23/03/2009 on the application submitted by the present applicant for issuance of the caste certificate as the applicant petitioner claimed that he belongs to the caste “Koli Mahadev” Scheduled Tribe. 3. Heard learned counsel for petitioner followed by the arguments of learned counsel appearing for the respondents. Before considering these submissions across the bar, it is necessary to consider the facts which gave rise to file the present writ petition, which can be summarized as : On 06/10/2008, the applicant petitioner has filed an application for issuance of caste certificate to The Sub Divisional Officer, Degloor as he claimed that he belongs to Koli Mahadev Scheduled Tribe. Alongwith this application, he has submitted various documents including the caste validity certificate of his cousin brother alongwith the affidavit of his cousin brother and the genealogy showing the interse relation between the applicant 3 petitioner and his cousin brother. Considering this documentary evidence tendered before The Sub Divisional Officer, Degloor, Sub Divisional Officer was not satisfied with this evidence and rejected the application submitted by the petitioner applicant for issuance of caste certificate. Being aggrieved by the said order, applicant preferred an appeal, which is numbered as 196/2009 before the Scrutiny Committee of Aurangabad, Division Aurangabad. By its judgment and order dated 27/04/2009, the members of the Scrutiny Committee pleased to confirm the order passed by The Sub Divisional Officer Degloor and pleased to reject the appeal preferred by the applicant petitioner which is the impugned order in this writ petition. 4. During the course of submissions across the bar, it is submitted before this Court that after the order under challenge in this writ petition was passed by the members of The Scrutiny Committee, caste certificate is issued in favour of the real brother of the petitioner. As this caste certificate was issued in favour of the real brother of the petitioner after the order was passed by the Scrutiny Committee, it was not produced or it was not possible for the petitioner to produce that caste certificate before The Sub Divisional Officer, Degloor or before the Scrutiny Committee. Petitioner seeks leave to produce the caste certificate issued in favour of his real brother before the competent authority to issue the caste certificate also in his favour. We accept this prayer, but as this document required to be produced before the Sub Divisional Officer, Degloor, who has to consider this document to issue the requisite 4 caste certificate claimed by the petitioner, hence we quashed and set aside the order passed by the Scrutiny Committee dated 27/04/2009 and the order passed by The Sub Divisional Officer, Degloor dated 23/03/2009 and remitted the matter back to the Sub Divisional Officer, Degloor with permission to the petitioner to produce the additional evidence before The Sub Divisional Officer, Degloor. 5. The petitioner to appear before the Sub Divisional Officer, Degloor within the period of 2 weeks from today or from the communication of this order and The Sub Divisional Officer, Degloor to pass the orders in accordance with Law considering the additional evidence laid by the petitioner within the period of 3 months thereafter. 6. Rule thus made absolute as indicated above. The writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4920-09