1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 7166 OF 2010 Khandeshwar S/o Balwant Bondle Age : Minor, Occu. : Education, R/o Ghungrala, Tq. Naigaon (Kh), District Nanded, Through Power of attorney holder Shri Suryakant S/o Jalbaji Bondle, Age : 36 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, Dist. Nanded. .. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for Respondent Nos. 1 and 3. Shri P. S. Patil, Standing Counsel for the Respondent No. 2. 2 WITH WRIT PETITION NO. 7169 OF 2010 Nagnath S/o Balwant Bondle Age : Minor, Occu. : Education, R/o Ghungrala, Tq. Naigaon (Kh), District Nanded, Through Power of attorney holder Shri Suryakant S/o Jalbaji Bondle, Age : 36 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, Dist. Nanded. .. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for Respondent Nos. 1 and 3. Shri P. S. Patil, Standing Counsel for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. 3 DATE : 10TH AUGUST, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties these two petitions which are filed by the brothers interse are being decided finally at this stage by this common judgment. 2. The petitioners impugn the order passed by the Sub Divisional Officer, Degloor rejecting applications submitted by petitioners and the order passed by the Scrutiny Committee in appeal dismissing the appeals. The petitioners, who were desirous of obtaining caste certificate as belonging to "Mannerwarlu" Scheduled Tribe submitted applications before the Sub Divisional Officer, Degloor. The petitioners relied upon the caste certificate issued to the father of the petitioners and uncle of the petitioners. The Sub Divisional Officer, for the reasons which are not germane for deciding these petitions rejected the applications submitted by petitioners. On an appeal being filed against the said orders, the appeals came to be dismissed also. 4 3. Since the father of petitioners has been issued with caste certificate as belonging to "Mannerwarlu" scheduled tribe, according to us, the petitioners also ought to have been issued with the caste certificate as belonging to "Mannerwarlu" scheduled tribe. 4. In that light of the matter, therefore, these petitions are allowed. The impugned orders are quashed and set aside and the Sub Divisional Officer, Degloor is directed to forthwith issue caste certificate to the petitioners as belonging to "Mannerwarlu" Scheduled Tribe. 5. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/Aug.10