1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5271 OF 2009 Niraj Ramrao Pannase, Age­18 years, Occu­Student, R/o.At Seni, Po.Delub, Tq.Ardhapur, Dist.Nanded PETITIONER VERSUS 1. Тhe State of Maharashtra Through its Secretary, Tribal Development Department, Mantralaya, Mumbai. 2. The Scheduled Tribe, Caste Certificate Scrutiny Committee, Through its member secretary, Kashmira Bhavan, Near Employment Exchange, Aurangabad. 3. District Supply Officer, Nanded Division, Nanded. 4. The Collector, Nanded. RESPONDENTS Mr.A.B.Bayas, learned counsel for petitioner. Mr.V.B.Ghatge, learned AGP for respondent no.1,3 and 4 Mr.U.S.Malte, learned counsel for respondent no.2. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 13/08/2009 2 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. 2. Rule made returnable forthwith. By consent of the parties, the 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 present petitioner applicant has challenged the judgment and order passed by Scrutiny Committee, Aurangabad Division Aurangabad in Appeal No.715/2008 dated 09/01/2009 by which the Scrutiny Committee confirmed the order passed by the District Supply Officer, Nanded dated 25/09/2008 by which the District Supply Officer Nanded has rejected the application for issuance of caste claim submitted by the petitioner applicant dated 04/09/2008. 4. The facts which gave rise to file the present petition can be summarized as the applicant petitioner herein has filed an application dated 04/09/2008 for issuance of caste certificate as the applicant petitioner claimed that he belongs to Koli Mahadev, Scheduled Tribe. Accordingly the application was submitted in the Office of District Collector, Nanded and as the District Supply Officer, Nanded is the Designated Officer to decide these claims, the application was assigned to him to decide it in accordance with Law. Alongwith the said application, the applicant has produced various documents including caste certificate issued in the name of his 3 father. By his order dated 25/09/2008, the District Supply Officer, Nanded has rejected the same application on the ground that the documentary evidence produced before The District Supply Officer, Nanded is not sufficient for issuance of caste certificate as claimed by the petitioner. Being aggrieved by this order, the petitioner applicant preferred an appeal before the Scrutiny Committee, Aurangabad Division Aurangabad which was numbered as Appeal No.715/2008. In the appeal, the Scrutiny Committee upheld the order passed by The District Supply Officer, Nanded and rejected the appeal filed by the applicant petitioner by holding that the documents produced in support of the application of the applicant petitioner are not sufficient for issuance of the caste certificate as prayed for by the applicant on the ground that the documents produced by the appellant pertains to his real brother and sister, but they are of recent origin, hence can not be accepted. These orders are impugned under this writ petition. 5. Heard respective counsels in the background of these facts. During the course of arguments across the bar, learned counsel appearing for the petitioner and respondents have taken us through the documents accompanied with the present writ petition. During the course of submissions, learned advocate appearing for the petitioner placed on record the judgment and order passed in writ petition no.3959/2009 dated 20/07/2009. This writ petition was filed by the real brother of the present petitioner. We have allowed this writ petition and directed the District Supply Officer, Nanded to 4 forthwith issue caste certificate to the petitioner as he belongs to Koli Mahadev Scheduled Tribe. If the Bench comprising both of us have passed the order in W.P. No.3959/2009 by which the directions were issued to The District Supply Officer to issue caste certificate to the real brother of the petitioner, then on the same ground as the present petition also stands on the same set of documents, the order impugned under this writ petition is liable to be quashed and set aside. Accordingly we quash and set aside the order passed by the Scrutiny Committee dated 09/01/2009 and the order passed by the District Supply Officer Nanded dated 25/09/2008 and we hereby direct the District Supply Officer, Nanded to forthwith issue caste certificate to the petitioner as belonging to Koli Mahadev, Scheduled Tribe. 6. In the result, the writ petition succeeds. The rule is thus made absolute on the above terms as indicated above with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) 5 khs/AUGUST 2009/wp5271­09