1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5751 OF 2009 Ramesh S/o.Dashrath Ahire, Age-27 years,Occu-Service (Police Shipai) with office of the Supdt.of Police, Jalgaon R/o.Shivaji Nagar, Pachora, Dist. Jalgaon PETITIONER VERSUS 1. The State of Maharashtra Department of Tribal Development, Mantralaya, Mumbai-32, Through its Secretary. 2. The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar Through its Member Secretary. 3. The Superintendent of Police, Office of the Superintendent of Police, Jalgaon. RESPONDENTS Mr.P.B.Vikhe, h/f. Mr.A.S.Golegaonkar, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 and 3 Mr.P.S.Patil, learned counsel for respondent no.2. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/08/2009 2 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsels for the parties, this petition is heard finally at the stage of admission. 2. The petitioner by this petition prays for issuance of a writ directing the respondent Scrutiny Committee to decide the tribe claim of the petitioner within particular time and also prays for directing respondents not to initiate any adverse action against the petitioner pending the decision of his tribe claim. It appears that the petitioner claims to be belonging to Thakur-Scheduled Tribe and accordingly the petitioner came to be appointed as a Police Constable. The claim of the petitioner was referred to the respondent Scrutiny Committee on 06/08/2007 and since then the aforesaid claim is said to be pending. In the light of pendancy of the claim, the petitioner apprehends that the respondents are likely to take adverse action of terminating the services of the petitioner on account of his failure to produce the validity certificate. 3. We have heard learned counsel for the petitioner, learned AGP who accepts notice on behalf of respondent no.1 and 3 and learned counsel Shri.Patil on behalf of respondent no.2. 4. We accordingly allow this petition and direct the petitioner to appear before the respondent Scrutiny Committee on 16/09/2009 and further direct the Scrutiny Committee to decide the tribe claim of 3 the petitioner within 6 months of 16/09/2009. Pending the decision of the tribe claim, we direct the respondents not to take any adverse action of terminating the services of the petitioner on the sole ground that the petitioner has not produced the validity certificate. Further action if any to be initiated on the basis of the order of Scrutiny Committee. 5. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5751-09