1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4981 OF 2009 Hanmant S/o.Santoba Kankawad, Age­21 years, Occu­Education, R/o.At­Post­Hottal, Tal.Degloor, Dist. Nanded, through Power of Attorney Holder Suresh S/o.Gangaram Dubbalwar, Age­37 years, Occu­Agriculturist, R/o.Degloor, Tq. Degloor, Dist. Nanded PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Tribal Development 2. The Scheduled Tribe Caste Certificate Vertification 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.N.N.Jadhav, 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 : 31/07/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 2 1. Rule. Rule made returnable forthwith. By consent of the parties, 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 dated 28/04/2009 passed by The Scrutiny Committee Aurangabad Division Aurangabad which was preferred against the order passed by The sub Divisional Officer, Degloor on 09/03/2009 on the application submitted by the petitioner applicant dated 24/10/2008 for issuance of caste certificate as the petitioner claimed that he belongs to Koli Mahadev Scheduled Tribe which was rejected by The Sub Divisional Officer, Degloor. 3. Heard respective learned counsels for petitioner and respondents. With their assistance, perused the record and proceeding as well as the documents produced by the petitioner before the Sub Divisional Officer, Degloor. Also perused the order passed by The Sub Divisional officer, Degloor as well as the order passed by the members of the Scrutiny Committee. 4. It appears that on 24/10/2008, the applicant herein had filed an application for issuance of caste certificate as he claimed that he belongs to Koli Mahadev a Scheduled Tribe. Alongwith this application, he has produced various documents. After considering this documentary evidence produced by the applicant before the Sub 3 Divisional Officer, Degloor, The Sub Divisional Officer, Degloor pleased to reject the application vide his order dated 09/03/2009 as according to The Sub Divisional Officer, Degloor, the documents produced by the petitioner are not sufficient to issue the certificate to the petitioner as claimed/prayed for by the petitioner. It further appears that being aggrieved by the said order, the petitioner had preferred an appeal before The Scrutiny Committee, Aurangabad Division Aurangabad, which was numbered as Appeal No.192/2009. By this appeal, the learned members of the Scrutiny Committee, Aurangabad Division Aurangabad pleased to uphold the order passed by the Learned Sub Divisional Officer, Degloor and pleased to dismiss the appeal which orders are impugned in this writ petition. 5. Today when the writ petition came up for hearing, it is submitted across the bar on behalf of the petitioner that after this order came to be passed by Sub Divisional Officer, Degloor as well as the order passed by the members of the Scrutiny Committee, Aurangabad Division Aurangabad, the petitioner came in possession of various documents to show and substantiate that he belongs to Koli Mahadev, the Scheduled Tribe and seeks permission to tender these documents before the Sub Divisional Officer, Degloor with further request to remit the matter back to The Sub Divisional Officer, Degloor for re­appreciation of the application of the petitioner in the light of the documents to be tendered before The Sub Divisional Officer, Degloor. On perusal of the documents already on record, the genealogy is produced by the petitioner alongwith his 4 close relatives in whose favour caste validity certificate is issued by the Scrutiny Committee Aurangabad Division Aurangabad. In the light of this genealogy, we feel it necessary that an opportunity to be given to the petitioner to produce further documents before The Sub Divisional Officer, Degloor to re­consider his application as prayed for. Hence we quash and set aside the order passed by The Scrutiny Committee, Aurangabad Division Aurangabad in appeal no.192/2009 and the order passed by The Sub Divisional Officer, Degloor and remitted back the matter to the Sub Divisional officer for re­ consideration. 6. The petitioner to appear within the period of two weeks from the date of this order or within the period of 2 weeks from the communication of the writ of the order in this writ petition before Sub Divisional Officer, Degloor and to produce the proper and complete genealogy as prayed. Sub Divisional Officer, Degloor is hereby directed to consider the application of the petitioner afresh without influenced by the observations of this Court while disposing this writ petition and to decide the application in accordance with law within the period of 4 weeks thereafter. 7. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/JULY 2009/wp4981­09