Full Judgment
Oral Judgment: (R.M. Borde, J.)
Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
2. Petitioners, who are real sisters inter se, are challenging the respective orders passed by Sub Divisional Officer rejecting the applications tendered by them for issuance of caste certificate and the orders passed by the Respondent No.2 Committee, in appeals, confirming the orders passed by the Sub Divisional Officer.
3. The petitioners belong to 'Thakur', a Scheduled Tribe. The petitioners, in order to substantiate their claim, have placed reliance on the caste certificate issued by the Executive Magistrate, Aurangabad, on 08.07.1982, in favour of their father - Janardhan Trimbakrao certifying that he belongs to 'Thakur', Scheduled Tribe. The petitioners have also placed reliance on their respective school admission record wherein in the column of caste, entry is recorded as 'Thakur'. The petitioners have also placed reliance on the report forwarded by the Circle Inspector, Chikalthana Circle, Aurangabad, to the Tahsildar, Aurangabad, on 11.10.2011, recommending to issue caste certificates of 'Thakur' caste in favour of petitioners.
4. It is recorded in several judgments delivered by this Court, that consideration for issuance of caste certificate differ from the parameters which are required to be applied while issuing validity certificate by the Scrutiny Committee. At the stage of issuance of caste certificate, only prima facie material is required to be scrutinised, as the caste certificate is amenable to further scrutiny at the stage of issuance of validity certificate.
5. Considering these aspects of the matter, the orders dated 11.05.2012, passed by the Sub Divisional Officer, Aurangabad, which have been confirmed by the appellate authority i.e. Respondent No.2 - Committee vide orders dated 21.06.2012, need to be quashed and set aside and Respondent No.3-Sub Divisional Officer, Aurangabad, needs to be directed to issue caste certificates in prescribed format in favour of the petitioners within stipulated period.
6. In this view of the matter, both the Writ Petitions deserve to be allowed and same are accordingly allowed.
(i) The impugned orders dated 11.05.2012, passed by Sub Divisional Officer, Aurangabad, thereby refusing to issue caste certificates in favour of petitioners, as well as the orders dated 21.06.2012, passed by Respondent No.2-Scrutiny Committee, thereby rejecting the appeals and confirming the orders passed by Sub Divisional Officer, are quashed and set aside.
(ii) Respondent no.3 - Sub Divisional Officer, Aurangabad, is directed to issue caste certificates in the prescribed format, in favour of the petitioners, within a period of three weeks from today.
(iii) However, it is made clear that the observations made herein above are only for the purposes of considering the claim of petitioners for grant of caste certificates and that the Committee shall not be influenced by the same at the stage of considering claim of the petitioners for grant of caste validity certificates. It would be open for the Scrutiny Committee to consider the matter on its own merits.
7. Rule is made absolute accordingly. In the facts and circumstances, there shall be no order as to costs.