1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4921 OF 2009 Kum.Neha D/o.Vishnudas Anmod, Age-Minor, Occu-Education, R/o.At-Post-Jarikot, Tal.Dharmabad, Dist.Nanded, through natural guardian/father Vishnudas S/o.Nagnathrao Anmod Age-44 years, Occu-Service, R/o. As above. 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.V.H.Dighe, 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 30/03/2009, which is the appeal filed by the petitioner challenging the order passed by The Sub Divisional Officer, Degloor dated 17/12/2008. 3. Heard respective counsels for petitioner and respondents. During the course of submissions, learned counsel for the petitioner as well as for respondents taken us through the record annexed with the present petition. To consider these submissions and the documents it is necessary to consider the facts which gave rise to file the present writ petition. 4. The petitioner herein filed an application on 27/06/2008 before the Sub Divisional Officer, Degloor for the grant of caste certificate as the petitioner is claiming that she belongs to caste “Manerwarlu” Scheduled Tribe. Alongwith this application, the petitioner has annexed various documents including school leaving certificate of the father of the petitioner wherein his caste is shown as “Manerwarlu”, and the caste certificate issued by the Taluka Executive Magistrate Biloli, wherein his caste is shown as “Manerwarlu” which is at Sr.No. 3 27 of the list. In the order passed by the Sub Divisional Officer, Degloor dated 17/12/2008 has rejected those documents by giving the grounds that from the documents produced by the petitioner, they are not sufficient to the subjective satisfaction to hold that the petitioner is entitled for the issuance of caste certificate of the “Manerwarlu” On perusal of the order passed by the Scrutiny Committee dated 30/03/2009 wherein it is held by the members of the Scrutiny Committee as “while considering the application submitted by the petitioner, it was deeply observed by the Sub Divisional Officer, Degloor, Dist. Nanded and the documentary evidence submitted by the appellant is not sufficient to issue the caste certificate in favour of the petitioner as she belongs to “Manerwarlu” caste and rejected the appeal. 5. On perusal of the order passed by the Learned Sub Divisional Officer, Degloor as well as the order passed by the Committee members in the appeal preferred by the petitioner vide case no.Appeal/NAN/16/2009, both Sub Divisional Officer, Degloor as well as the members of the Scrutiny Committee have not considered the documentary evidence tendered by the petitioner i.e. the caste certificate issued in favour of the father of the petitioner. This caste is also mentioned in his service book and also mentioned in his school leaving certificate. The daughter is always entitled to the caste of her father. Apparently on the face of it, these basic documents were not considered by both the authorities below, then the order passed by The Sub Divisional Officer, Degloor dated 17/12/2008 as 4 well as the order passed by the members of the Scrutiny Committee dated 30/03/2009 are liable to be quashed and set aside. Accordingly we quashed and set aside the order passed by Sub Divisional Officer, Degloor dated 17/12/2008 and the order passed by the Scrutiny Committee dated 30/03/2009 and we direct Sub Divisional Officer, Degloor to issue caste certificate of the caste “Manerwarlu” to the petitioner as prayed for. 6. We hereby make it clear that even though we have directed The Sub Divisional Officer, Degloor to issue the caste certificate to the petitioner as petitioner belongs to Manerwarlu Scheduled Tribe., this caste certificate issued in favour of the petitioner is subject to the caste validity certificate to be issued by the competent authority. 7. Thus the writ petition succeeds. Rule 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/wp4921-09