1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6616 OF 2009 Dipak S/o.Hanmantrao Tippalwad, Age-20 years, Occu-Education, R/o.At-Post-Barbada, Tq.Naigaon (Kh.) 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 the petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3 Mr.R.P.Phatake, learned counsel for respondent no.2 WITH WRIT PETITION NO. 6636 OF 2009 Ku.Dipali d/o.Hanmantrao Tippalwad, Age-Minor, Occu-Education, R/o.At-Post-Barbada, Tq.Naigaon (Kh.) Dist. Nanded Through father and natural guardian Hanmant Mallu Tippalwad, 2 Age-46 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 the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 and 3 Mr.R.P.Phatake, learned counsel for respondent no.2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 06/10/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. As both these writ petitions filed by the real brother and sister are based on common set of facts, and involved common question of Law, hence to be disposed of by common judgment. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, these petitions are heard finally at the stage of admission. 3 3. By these writ petitions under Article 226 of The Constitution of India, the petitioners have challenged the judgment and order dated 21/07/2009 passed by the Divisional Scrutiny Committee, Aurangabad in Appeal No.264/2009 and 265/2009 rejecting the appeals filed by the petitioners and confirmed the order passed by The Sub Divisional Officer, Degloor, dated 07/05/2009. 4. At the outset, the facts which gave rise to file the present writ petitions can be summarized as – the petitioners have filed an applications before the Sub Divisional Officer, Degloor on 17/06/2008 for issuance of caste certificate as they claimed that they belongs to Mannerwarlu Scheduled Tribe. Alongwith the said applications, the petitioners have submitted various documents including the caste validity certificate issued to their father and other documents. On perusal of these documents, it appears that the Sub Divisional Officer, Degloor was not satisfied and pleased to reject these applications which orders were challenged by preferring an appeal before the Divisional Scrutiny Committee, Aurangabad Division Aurangabad. Divisional Scrutiny Committee vide its order dated 21/07/2009, pleased to reject these appeals and confirmed the order passed by The Sub Divisional Officer, Degloor. 5. Heard respective counsels for the parties. During the course of submissions across the bar, our attention is drawn by the learned counsel appearing for the petitioner towards the caste validity certificate issued to the father of the petitioners by Tribal 4 Development Department Tribal Research and Training Institute Maharashtra State, Pune. It is but natural that the children are entitled for the caste of their father. This documentary evidence is sufficient to prove that prima facie the petitioners have established that they belongs to Mannerwarlu Scheduled Tribe Caste, which documentary evidence was not properly appreciated by both the authorities below and wrongly rejected the applications. If it is so, the impugned judgment and order passed by the Divisional scrutiny Committee as well as the Sub Divisional Officer, Degloor is liable to be quashed and set aside. Accordingly we quash and set aside the impugned judgment and order passed by the Divisional Scrutiny Committee as well as passed by the Sub Divisional Officer, Degloor and hereby direct the Sub Divisional Officer, Degloor to issue caste certificate forthwith to the respective petitioners as they belongs 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 terms indicated above with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp6616-09