{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4460 OF 2009 Anil Rajaram Rajesluwar R/o Degloor, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Member Secretary 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.B.Gapat, Advocate for petitioner Mr.K.B.Chaudhari, Addl.G.P. for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2. ....... WITH WRIT PETITION NO.4462 OF 2009 Ambika Rajaram Rajesluwar Minor through her real brother Anil Rajaram Rajesluwar, R/o Degloor, Dist-Nanded PETITIONER VERSUS {2} 1. The State of Maharashtra Through Secretary, Tribal Development Department, Mantralaya, Mumbai 2. Scheduled Tribe Certificate Verification Committee, Aurangabad Through its Member Secretary 3. The Sub Divisional Officer, Degloor, Dist-Nanded RESPONDENTS ....... Mr.P.B.Gapat, Advocate for petitioner Mr.V.B.Ghatage, A.G.P. for respondents No.1 and 3 Mr.U.S.Malte, Advocate for respondent No.2. ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 11th August 2009 ORAL JUDGMENT (PER A.V.POTDAR, J.) : 1. As common question of law and facts is involved in both these writ petitions, these writ petitions are disposed of by this common judgment. 2. Rule. Rule 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 petitions, under Article 226 of the Constitution of India, the petitioners, who are real brother and sister, have challenged the orders dated 31.03.2009 passed by Scrutiny Committee confirming the orders passed by Sub Divisional Officer, Degloor dated 03.02.2009 by which he had rejected the applications submitted by the petitioners seeking caste certificates claiming that they belong to Mannerwarlu Scheduled Tribe. 4. It appears that the petitioners had filed applications before the Sub Divisional Officer, Degloor for issuance of caste certificates claiming to be belonging to Mannerwarlu Scheduled Tribe. The petitioners had submitted various documents along with the said applications, including caste validity certificates issued in the name of their father and real brothers. The Sub Divisional Officer, Degloor rejected the applications vide order dated 03.02.2009 by observing that the documents produced by the petitioners are not sufficient to issue caste certificates as belonging to Mannerwarlu Scheduled Tribe. Being aggrieved by the said rejection, the petitioners have preferred appeals before the Scrutiny Committee. The Scrutiny Committee has rejected the appeals preferred by the petitioners by observing that the orders passed by the Sub divisional Officer are satisfactory and, therefore, the committee is in agreement with the same. The said orders of the Scrutiny Committee are under challenge in these petitions. {4} 5. On perusal of the documents, it appears that the father of the petitioners and real brothers have been issued with tribe validity certificates. On the face of record it appears that these documents are not properly appreciated by the Sub Divisional Officer as well as by the Scrutiny Committee. It is but natural that the sons and daughters are entitled for the caste of their father. We are, therefore, inclined to allow these petitions and quash and set aside the impugned orders. Accordingly we quash and set aside the orders dated 31.03.2009 passed by Scrutiny Committee and dated 03.02.2009 passed by Sub Divisional Officer, Degloor. We hereby direct the Sub Divisional Officer, Degloor, to issue caste / tribe certificates to the petitioners as belonging to Mannerwarlu Scheduled Tribe, forthwith. 6. It is needless to say that the certificates so issued would be subject to verification by the competent scrutiny committee. 7. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp4460-09