1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.4872 OF 2009 (Manjusha Haribhau Dhapudkar vs. Joint Commissioner and Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : NOVEMBER 11 , 2009 Heard Shri Narnaware, learned Counsel for the petitioner, Shri Sambre, learned Counsel for the respondent no.1, and Shri Sudame, learned Counsel for the respondent nos. 2 and 3. The petition is directed against the communication dated 27.10.2009 issued by the respondent no.2 whereby petitioner is asked to show cause within fifteen days as to why her service should not be terminated as she does not belong to Scheduled Tribe and obtained caste certificate by 2 fraudulent means and secured employment in the Institution. Shri Narnaware, learned Counsel for the petitioner, states that petitioner belongs to `Halba’ (Scheduled Tribe) and was appointed as Lecturer in the respondent no.2 College in the year 1999. It is submitted that petitioner has obtained caste certificate from the competent Authority and after appointment, submitted the same to the College Authorities along with documentary evidence in order to support his caste claim on 28.2.2002. It is contended that the College Authorities referred the caste claim of the petitioner to the respondent no.1 Caste Scrutiny Committee for verification on 28.2.2002 and since then it is pending with the respondent no.1 for verification. It is prayed that direction may be issued to the respondent no.1 to decide the caste claim of the petitioner finally and till such time, service of the petitioner may kindly be protected. Shri Sudame, learned Counsel for the 3 respondent nos. 2 and 3, states that since petitioner did not submit caste validity certificate for all these years, the College Authorities have issued the impugned show cause notice to the petitioner. Shri Sambre, learned Counsel for the respondent no.1, states that caste claim of the petitioner, if pending with the Caste Scrutiny Committee, would be decided as per directions of this Court. We have considered the contentions of the learned Counsel for the parties. In the backdrop of the above referred facts, we direct the respondent no.1 to decide the caste claim of the petitioner on its own merits and in accordance with law and procedure applicable in this regard within three months from the date of communication of this order. The petitioner to appear before the Caste Scrutiny Committee on 23.11.2009 at 11 A.M. along with original record. The employment of the petitioner would be subject to decision of the Caste Scrutiny Committee. The respondent nos. 2 and 3 4 need not disturb service of the petitioner till decision of the Caste Scrutiny Committee. With these directions and observations, the petition is disposed of. JUDGE JUDGE khj