{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5172 OF 2009 Ashvini Chandrapal Aspatwar, Minor, through her father Chandrapal Ramlu Aspatwar R/p Degloor, Tq-Degloor Dist-Nanded PETITIONER VERSUS 1. Sub Divisional Officer, Degloor, Dist-Nanded 2. Scheduled Tribe Caste Certificate Verification Committee, Aurangabad Through its Member Secretary, RESPONDENTS ....... Mr.Sagar S.Phatale, Advocate for the petitioner Mr.V.H.Dighe, AGP for respondent No.1 Mr.U.S.Malte, Advocate for respondent No.2. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 7th August 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. By the present petition, under Article 226 of the {2} Constitution of India, the petitioner has challenged the order dated 21.03.2009 passed by the Scrutiny Committee confirming the order dated 03.02.2009 passed by Sub Divisional Officer Degloor, by which the Sub Divisional Officer has rejected the tribe claim of the petitioner as belonging to Mannerwarlu Scheduled Tribe. 3. Heard learned counsel for the parties. 4. It appears that the petitioner had filed an application before the Sub Divisional Officer, Degloor seeking certificate as belonging to Mannerwarlu Scheduled Tribe. The petitioner has also annexed various documents along with the said application including caste validity certificate issued in favour of cousin uncle and affidavit of said cousin uncle showing genealogy and interse relationship. It appears that inspite of these documents on record, learned Sub Divisional Officer has rejected the application submitted by the petitioner by observing that the documents are not sufficient to issue caste certificate to the petitioner. Being aggrieved by the said rejection, the petitioner preferred an appeal before the Scrutiny Committee. However, the Committee confirmed the order passed by Sub Divisional Officer vide its judgment and order dated 21.03.2009 by observing that the Sub Divisional Officer has rightly rejected the application and the same does not require interference. The said judgment and order of the Scrutiny Committee dated 21.03.2009 is under challenge in this petition. 5. During the course of arguments, our attention is invited by learned counsel for the petitioner towards the documents submitted before the Sub Divisional Officer. The said document is a caste validity {3} certificate issued in the name of Balaji Lingaram Aspatwar and affidavit field by him showing the genealogy, which discloses that the grand father of the petitioner and father of the caste validity certificate holder were the real brothers. Apart from it, along with the present writ petition, the petitioner has produced a caste certificate issued in the name of her real brother by the Scrutiny Committee on 31.03.2009. Thus, it appears that the Sub Divisional Officer as well as the Scrutiny Committee has not considered and appreciated the documents submitted by the petitioner. In the result, the order dated 03.02.2009 passed by the Sub Divisional Officer, Degloor and order dated 31.03.2009 passed by Scrutiny Committee are hereby quashed and set aside. The Sub Divisional Officer, Degloor is hereby directed to issue caste certificate to the petitioner as belonging to Mannerwarlu Scheduled Tribe. 6. Needless to say that the caste certificate 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/wp5172-09