511wp3898.09.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3898 of 2009 (Yuvraj s/o. Narayan Patre .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D.D.Sinha and F. M. Reis, JJ. Date : 05/11/2009. Heard Mr. P. S. Khubalkar, Adv. for petitioner, Mr.D.B.Patel, Assistant Government Pleader for respondent no1/State, Mr. N.W.Sambre, Adv. for respondent no.2 and Mr.V.V.Naik, Adv. for Respondent Nos. 3 and 4. Learned Counsel for petitioner has submitted that the petitioner was appointed as an Assistant Teacher in the school run by the Zilla Parishad on 29.6.2000 from the Scheduled Tribe (Andh) category. It is contended that, at the time of appointment, though it was necessary for the petitioner to submit Caste Validity Certificate, however, there was no outer limit for production of the same. The petitioner, for the first time, was asked to submit the documents in support of his caste claim in the year 2007, and therefore, the relevant 511wp3898.09.odt 2 . documentary evidence was submitted by the petitioner in the department which was forwarded to the Caste Scrutiny Committee for verification of caste claim of the petitioner along with the caste certificate., It is submitted that the caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee, however, the respondent/Zilla Parishad vide impugned communication dated 05/08/2009 informed the petitioner that if the caste Validity Certificate is not submitted, the services of the petitioner will be terminated. Later, the petitioner received the order dt. 24.8.2009 passed by the respondent no.3/Chief Executive Officer, Zilla Parishad, Yavatmal informing him that because of non-submission of the Validity Certificate, his services are terminated. Hence, the petitioner has approached this Court for necessary direction to the Zilla Parishad. The learned Government Pleader has not disputed the fact that caste claim of petitioner is pending before the Caste Scrutiny Committee for verification. In the backdrop of the above referred facts, it will be unjust to terminate the services of the petitioner while caste 511wp3898.09.odt 3 . claim of the petitioner is pending for verification. Hence, in the interest of justice, we direct the Caste Scrutiny Committee to verify the caste claim of the petitioner in accordance with law applicable in this regard within a period of six months from the date of communication of this order by following the principles of natural justice. Till such time the services of the petitioner need not be disturbed. In the meantime, the impugned communication dated 24.8.2009 issued by the Chief Executive Officer, Zilla Parishad, Yavatmal should not be given effect to. Petitioner shall appear before the Caste Scrutiny Committee on 25.11.2009. With these observations and directions, the Writ Petition is disposed of. JUDGE JUDGE jais