1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5667 OF 2011 (Virendrasingh Ramsing Thakur vs. The Vice Chancellor, Dr. Punjabrao Deshmukh Krishi Vidyapeeth and another) __________________________________________________________________ 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 A.P. BHANGALE, JJ. DATED : NOVEMBER 30, 2011 Heard Shri Choudhari, learned Counsel for the petitioner, Shri Abhay Sambre, learned Counsel for the respondent no.1, and Shri Puranik, learned Counsel for the respondent no.2. The petition is directed against the order dated 31/10/2011 passed by the respondent no.1 whereby service of the petitioner as a Professor in Agronomy came to be terminated since petitioner failed to submit caste validity certificate. Shri Choudhari, learned Counsel for the petitioner, states that the caste claim of the petitioner 2 has already been referred by the respondent no.1 to the respondent no.2 Caste Scrutiny Committee for verification and the verification proceedings are pending before the Caste Scrutiny Committee. It is, therefore, prayed that appropriate direction may be given to the Caste Scrutiny Committee to take a decision in this regard within a stipulated period and in the meantime, effect and operation of the impugned order may be suspended. Shri Abhay Sambre, learned Counsel for the respondent no.1, states that the services of the petitioner are already terminated vide order dated 31/10/2011. It is submitted that in the case of similarly circumstanced petitioner in another writ petition, i.e. Writ Petition No. 5588/2011, this Court in the order observed that if caste claim of that petitioner is validated by the Caste Scrutiny Committee, the order of termination shall stand withdrawn. We have considered the contentions canvassed by the respective Counsel for the parties. In view of the above referred facts, it will be proper to dispose of the petition by passing the following 3 order : The respondent no.2 Caste Scrutiny Committee is directed to decide the caste claim of the petitioner on its own merits in accordance with law and procedure applicable in this regard within a period of six months from the date of communication of this order. It is made clear that if caste claim of the petitioner is validated by the Caste Scrutiny Committee, the order of termination dated 31/10/2011 passed by the respondent no.1 shall stand withdrawn and the petitioner will be entitled to all the consequential benefits. The petitioner undertakes to appear before the Caste Scrutiny Committee on 7/12/2011 at 11 A.M. JUDGE JUDGE khj