1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1718 OF 2010. Kum. Kalpana D/o Vithal Aulwar, Age 15 years(Minor), Occu. Education, Through her natural guardian i.e. Father Vithal S/o Balram Aulwar, Age 42 years, Occu. Nil,, R/o Degloor, Tq. Degloor, Dist. Nanded .. PETITIONER. VERSUS 1) The Sub Divisional Officer, Degloor, Tq. Degloor, Dist. Nanded. 2) Scheduled Tribe Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary. . RESPONDENTS. ... Shri S.S. Phatale, Advocate for Petitioner. Shri K.G.Patil, Assistant Government Pleader, for respondent Nos. 1. Shri U.S. Malte, Advocate for respondent No. 2. CORAM : A.M. KHANWILKAR AND S.S. SHINDE, JJ. DATE : 3rd MARCH, 2010. PER COURT: (S.S. Shinde,J.) 1. Heard Learned Counsel appearing for 2 the respective parties. Rule. Rule made returnable forthwith. By consent of the learned counsel for the parties, the matter is taken up for final hearing at the stage of admission. This Writ Petition take exception to the decision dated 26-10-2009 passed by the respondent No. 2- Scrutiny Committee, Aurangabad, thereby confirming the order of the Respondent No. 1 i.e. Sub Divisional Officer, Degloor, Dist. Nanded dated 04-07-2009. 2. It is the case of the petitioner that she belongs ‘Mannerwarlu’ Scheduled Tribe and intends to get benefit meant for Scheduled Tribe category in further education further education. she applied to the respondent No.1 for issuance of tribe certificate. It is further case of the petitioner that, in spite of number of documents submitted before the respondent No. 1, the respondent No. 1 declined to issue tribe certificate in favour of the petitioner on the ground that, in the Census Register of National People, 1951, wherein the caste of relatives is shown as ‘Munurwad’. 3 3. The learned counsel appearing for the respondent No. 2 Committee and the learned Assistant Government Pleader appearing for respondent No. 1 vehemently opposed the petition and submitted that, the authority as well as Scrutiny Committee properly appreciated the documents on record and then only the impugned orders are passed and therefore, this Court may not interfere in Writ Jurisdiction. 4. We have heard counsel learned counsel appearing for the parties at length, perused the order passed by the Sub Divisional Officer, Degloor. The Sub Divisional Officer, Degloor has declined to issue tribe certificate in favour of the petitioners on the ground that, the satisfactory evidence is not brought on record in support of her tribe claims. It is also observed by the Sub Divisional Officer that “ in the Census Register of National People 1951, wherein the caste of relatives is shown as ‘Munurwad” 5. The petitioner’s carried the matter in 4 appeal before the Scrutiny Committee who in-turn, rejected the appeal by following reasons given by the Sub Divisional Officer, Degloor. The order reads thus :- “ The appellant Shri Aulwar Vithal Baliram at Post Degloor, Tq. Degloor, Dist. Nanded requested to the Sub Divisional Officer, Degloor Dist. Nanded to issue a Tribe certificate to his daughter namely Kum. Aulwar Kalpana Vithal as belonging to “Mannerwarlu” Scheduled Tribe, but the Sub Divisional Officer, Degloor Dist. Nanded refused to issue the same vide their order dated 25-07-2009 and therefore the Appellant filed an appeal before the Committee against the order of Sub Divisional Officer, Degloor, Dist. Nanded vide application dated 31-08-2009. The Scrutiny Committee deeply observed the order passed by the Sub Divisional Officer, Degloor, Dist. Nanded and the documentary evidences submitted by the appellant along with the proposal and the Committee have come to the conclusion that, the Order passed by the Sub Divisional Officer,Degloor, Dist. Nanded is satisfactory and therefore the Committee is agreed with the decision taken by the Sub Divisional Officer, Degloor in the said case and 5 Hence, the said appeal is rejected by the Committee.” 6. Having considered the rival submissions of the parties, in our opinion, neither the approach of the Sub Divisional Officer nor that of the Scrutiny Committee can stand the test of the judicial Scrutiny. Indeed, the Sub Divisional Officer has noted that the documents submitted by the petitioners, however, did not appreciate the said documents. In fact the petitioner has produced caste validity certificate of real uncle namely Vitthal Balaram Aulwar and also filed his affidavit along with genealogy showing relationship. The impugned order passed by the respondent No. 1 also indicates that, the Circle Officer, Degloor has also found that, petitoiner belongs to ‘Mannerwarlu’ Scheduled Tribe. Therefore, in our considered opinion, the respondent No. 1 should have issued the tribe certificate of ‘Mannerwarlu’ Scheduled Tribe in favour of the petitioners. 7. In so far as Scrutiny Committee is concerned, it has merely agreed with the opinion of the Sub Divisional Officer without recording 6 any finding of its own. The Scrutiny Committee has not even bothered to analyze the documents produced by the petitioner, though it was dealing with the statutory appeal preferred by the petitioner. The approach of the Scrutiny Committee to say the least, is perverse. 8. In the afore stated back ground, we quash and set aside the order passed by the Sub Divisional Officer, Degloor as well as respondent No.2-Committee and direct the Sub Divisional Officer, Degloor to issue provisional tribe certificate belonging to ‘Manerwarlu-Scheduled Tribe’ in favour of the present petitioners within two weeks from today. It is needless to mention that, the said caste certificate will be subject to validation by the respondent No.2- Committee. Rule is made absolute to the above extent. Writ Petitions are allowed and disposed of accordingly. . Rule is made absolute on the terms indicated above. [ S.S. SHINDE, J ] [ A.M. KHANWILKAR, J ] SDM* WP1718.10/040310