1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 6564 OF 2009 Kiran s/o Shrikrishna Punjarwad, Age : minor, Occu. Education, R/o At Kharatwadi, Post - Digras, Tq. Hadgaon, Dist. Nanded, Through father & natural guardian, Shrikrishna s/o Dasru Punjarwad, Age : 36 years, Occu.Service, R/o As above. 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, Kinwat, District Nanded 4. The Collector, Nanded, District Nanded ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr S.V. Kurundkar, Addl. G.P. for respondents no.1, 3 & 4; Mr R.P. Phatke, Advocate for respondent no.2. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 5th October 2009 2 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard Shri S.M. Vibhute, learned Counsel for the petitioner; Shri S.V. Kurundkar, learned Addl. G.P. on behalf of respondents no.1, 3 & 4 and Shri R.P. Phatke, learned Counsel on behalf of respondent no.2. 3. This is a peculiar case in which despite the order of the appellate Court dated 27.2.2009, the Sub-Divisional Officer, Kinwat has rejected the application of the petitioner for issuance of the caste certificate as belonging to "Koli Mahadev" - Scheduled Tribe. 4. The petitioner herein had submitted an application before the Sub-Divisional Officer,Kinwat praying therein for issuance of a certificate as belonging to "Koli Mahadev" - Scheduled Tribe. The application of the petitioner came to be rejected by order of the Sub-Divisional Officer dated 25.9.2008. The petitioner being aggrieved by the aforesaid order filed appeal before the Scrutiny 3 Committee, Aurangabad Division, Aurangabad, which appeal came to be allowed by the appellate authority on 27.2.2009. Despite the fact that the appeal of the petitioner was allowed, the Sub-Divisional Officer by the order impugned in the present petition, dated 9.7.2009 rejected the application. 5. We are aghast by the order passed by the Sub-Divisional Officer. Once the appellate authority had allowed the appeal, the Sub-Divisional Officer ought to have forthwith issued the caste certificate to the petitioner. The Sub-Divisional Officer could not have acted as an appellate authority over the judgment of the appellate authority. The Sub-Divisional Officer does not derive any jurisdiction to sit in appeal over the judgment of the Scrutiny Committee. It is a case of rank usurpation of the jurisdiction by the Sub-Divisional Officer. We, therefore, allow this petition and quash and set aside the impugned order and direct the Sub- Divisional Officer, Kinwat to forthwith issue caste certificate to the petitioner. 6. Rule is thus made absolute on the above terms. In the circumstances there will be no order as to costs. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6564.09 4