1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6921 OF 2009 Yogita d/o Ramesh Chilwar, Age 26 years, Occu.Education, R/o House No.234, Mahade Colony, Eknath Nagar, New Osmanpura, Aurangabad, Tq. and Dist.Aurangabad .. PETITIONER VERSUS 1. Sub Divisional Officer, Aurangabad Division, Aurangabad 2. Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad Through its Member Secretary .. RESPONDENTS Shri S.S.Phatale Advocate holding for Shri M.S.Deshmukh, Advocate for petitioner Shri V.B.Ghatge, AGP for respondent No.1 Shri P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 14th October 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. By this petition under Article 226 of the Constitution of India the petitioner prays for issuance of a writ of mandamus directing respondent No.1 Sub Divisional Officer, Aurangabad to forthwith issue Tribe Certificate to the petitioner as belonging to “Mannerwarlu” – Scheduled Tribe. 3. In the light of the limited nature of relief which the petitioner has prayed for in this petition, we deem it appropriate to decide the petition finally at this stage. 4. The Sub Divisional Officer had passed an order on an application submitted by the petitioner by which the application of the petitioner came to be rejected by the Sub Divisional Officer. The order of the Sub Divisional Officer is dated 22.10.2008. The order states that the application came to be rejected as there was no report of the home enquiry. The petitioner being aggrieved by the aforesaid order filed appeal before the Scrutiny Committee. The aforesaid appeal filed before the scrutiny committee came to be allowed and the order passed by the Sub Divisional Officer came to be quashed and set aside. The petitioner applied to the Sub Divisional Officer for issuance of the caste certificate which came to be declined by the Sub Divisional Officer and the Sub Divisional Officer thereafter passed an order on merits rejecting the application of the petitioner for reasons stated therein. It 3 appears that the scrutiny committee by its communication dated 16/20th June 2009 had also directed the Sub Divisional Officer to issue the certificate to the petitioner as the appeal filed by the petitioner had been allowed. Learned Counsel for the petitioner states that validity certificate has been granted by the scrutiny committee to the real brother and sister of the petitioner. 5. It certainly appears that the Sub Divisional Officer is playing ducks and drakes with the career of the present petitioner. Sub Divisional Officer had rejected the application for whatever reason it was stated in the order. The petitioner being aggrieved by the said order filed an appeal which came to be allowed. The Sub Divisional Officer thereafter cannot contend that he had not decided the application on merits but had rejected the application simplicitor on the ground that the report of the home enquiry was not forthcoming. In fact, it is the very same argument which is advanced before us on behalf of the learned Assistant Govt.Pleader. According to us, such stand cannot be countenanced. There is no stage for passing of preliminary order of rejection and thereafter passing of final order of rejection. The application came to be rejected for whatever reason which was stated by the Sub Divisional Officer. The aforesaid order came to be quashed and set aside by the scrutiny committee. In that light of the matter, it was incumbent for the Sub Divisional Officer to 4 have issued the caste certificate to the petitioner forthwith. 6. In the light of what is stated by us above, we allow this petition and quash and set aside the impugned order of the Sub Divisional Officer and direct the Sub Divisional Officer to forthwith issue the caste certificate to the petitioner as belonging to Mannerwarlu – Scheduled Tribe. 7. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/6921.09wp