{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5349 OF 2009 1. Kalpana Padmaka Sonawane R/o Soigaon, Tq­Soigaon, Dist­Aurangabad 2. A.N.Gaike, R/o Soigaon, Tq­Soigaon, Dist­Aurangabad 3. Bhagwatsing Daulatsingh Rathod R/o Bajar Sawangi, Tq­Khultabad Dist­Aurangabad 4. A.S.Johare R/o Jarandi, Tq­Soigaon Dist­Aurangabad 5. Shobha Supdu Salve R/o Sillod, Dist­Aurangabad PETITIONERS VERSUS 1. The Zilla Parishad, Aurangabad through its Chief Executive Officer 2. The District Health Officer, Zilla Parishad, Aurangabad Through Medical Officer Primary Health Center Jarandi, Tq­Soigaon, Dist­Aurangabad 3. The Block Development Officer Panchayat Samiti, Soigaon, Dist­Aurangabad 4. The Block Development Officer Panchayat Samiti, Khultabad Dist­Aurangabad 5. The Deputy Chief Executive Officer/ Child Development Welfare Officer, Integrated Child Development Scheme {2} Panchayat Samiti, Sillod, Dist­Aurangabad 6. Committee for Scrutiny & Verification of Tribe Claims, Aurangabad RESPONDENTS ....... Mr.K.U.More, Advocate for petitioners Mr.U.B.Bondar, Advocate for respondents No.1 to 5 Mr.U.S.Malte, Advocate for respondent No.6 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 10th September 2009 ORAL JUDGMENT (PER A.V.POTDAR, 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. By the present petition under Article 226 of the Constitution of India, the petitioners pray for issuance of a writ of certiorari for quashing the order dated 10.08.2009 by which the petitioners are called upon to submit validity certificates till 14.08.2009 failing which their services were to be terminated. The petitioners have also prayed for issuance of a writ of mandamus directing the respondents not to take any adverse action against the petitioners till their caste claims are decided finally by the scrutiny committee. The petitioners have further prayed for issuance of a writ of mandamus directing respondent No.6 committee to decide caste claims of the petitioners expeditiously. 3. It appears that petitioners are serving with respondent Zilla Parishad. It also appears that petitioner Nos. 1, 2 and 4 have submitted their caste claims for verification before the Scrutiny Committee whereas, {3} petitioners No.3 and 5 have not yet submitted the same. A notice, dated 10.08.2009, came to be served on the petitioners calling upon them to submit caste validity certificates on or before 14.08.2009 failing which their services were to be terminated. The said notice dated 10.08.2009 is impugned in the present petition. 4. Heard learned counsel for the parties. 5. It is not disputed that the petitioners are in service with respondent Zilla Parishad on the reserved seats, however their caste claims were not forwarded for verification. Considering the peculiar situation, we are inclined to allow this petition. Accordingly, this petition succeeds. We hereby direct the petitioners to submit their caste claims for verification within two weeks from today, if not already submitted. We further direct respondent Zilla Parishad to forwarded the caste claims, after the same are received, to scrutiny committee for verification. We also direct the petitioners to appear before the Scrutiny Committee on 14.10.2009. The scrutiny committee is also directed to decide the caste claims of the petitioners, in accordance with law, within a period of one year, thereafter. We direct the respondents not to take any adverse action against the petitioners for their failure to produce validity certificates, till their caste claims are decided finally. 6. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5349­09