1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.7758 of 2010 Kum. Vishakha d/o. Kamaji Gadge Age Minor, Occ. Education, R/o. At Post Biloli, Tq. Biloli, Dist. Nanded through power of attorney holder Shri Gangadhar s/o. Ganpatrao Kalyankar Age 40 years, Occ. Agri. 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, District Nanded. Respondents with WRIT PETITION NO. 7759 OF 2010 Kum. Vijaya d/o. Kamaji Gadge Age Minor, Occ. Education R/o. At Post Biloli, Tq. Biloli, Dist. Nanded through power of attorney holder Shri Gangadhar s/o. Ganpatrao Kalyankar Age 40 years, Occ. Agri. R/o. As above. Petitioner 2 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, District Nanded. Respondents Mr. S.M. Vibhute, Advocate for the petitioner Mr. R.P. Phatke, Advocate for the respondent No.2 Mrs. A.V. Gondhalekar, AGP for the respondent No.1 and 3. CORAM : B.R. GAVAI & A.A. SAYED, JJ.. DATE : 28th OCTOBER, 2010. PER COURT : 1] Rule. Rule made returnable forthwith. 2] By way of present petition, the petitioners challenge the order dated 8th July, 2009, passed by the respondent no.2 thereby rejecting the application of the petitioner for grant of certificate, certifying that the petitioners belong to "Koli Mahadeo", Scheduled Tribe, and the order dated 14th December, 2009, passed by the respondent no.2 / Scrutiny Committee, thereby rejecting the appeal filed by the present petitioners. 3 3] This court, in W.P. No. 2144/2010 has held that the real brother of the petitioners namely, Vikas Makaji Gadge, was entitled to issuance of a certificate certifying that be belongs to Koli Mahadeo Scheduled Tribe. In that view of the matter, the present petitions will also have to be allowed. 4] In the result, the petitions are allowed. (i) The impugned order dated 8th July, 2009 passed by the respondent no.3, and the order dated 14th December, 2009, passed by the respondent no.2 / Scrutiny Committee, are quashed and set aside. (ii) The respondent no.3 is directed to issue certificate to the petitioners, certifying that they belong to "Koli Mahadeo", Scheduled Tribe. (iii) However, it is made clear that the observations made herein above are only for the purposes of considering the claim of the petitioner for grant of caste (tribe) certificate and that the Committee shall not be influenced by the same at the stage of considering the claim of the petitioner for grant of caste (tribe) validity certificate. 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE grt/7758.10wp