FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8339 OF 2011 WITH WRIT PETITION NO. 8342 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 WRIT PETITION NO. 8339 OF 2011 Shri Mahendra s/o. Narendra Wankhede Age 24 years, Occ. Service (Constable) R/o. Plot No. 29/B, Rajendra Nagar, Nalva Road, Nandurbar, Dist. Nandurbar. .. 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 Commandant, State Reserve Police Force, Group No.11, New Mumbai. .. Respondents. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8339 OF 2011 WITH WRIT PETITION NO. 8342 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Mr. Anil S. Golegaonkar, Advocate for petitioner. Mr. K.M. Suryawanshi, AGP for respondent No.1. Mr. A.R. Salve, Advocate for respondent No.2. With WRIT PETITION NO. 8342 OF 2011 Shri Rakesh s/o. Narendra Wankhede, Age 26 years, Occ. Service ( Constable) R/o. Plot No. 29/B, Rajendra Nagar, Nalva Road, Nandurbar, Dist. Nandurbar. .. 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, FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8339 OF 2011 WITH WRIT PETITION NO. 8342 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 3] The Commandant, State Reserve Police Force, Group No.11, New Mumbai. .. Respondents. Mr. Anil S. Golegaonkar, Advocate for petitioner. Mr. K.M. Suryawanshi, AGP for respondent No.1. Mr. A.R. Salve, Advocate for respondent No.2. CORAM :- B.R. GAVAI & M.T. JOSHI, JJ. DATE :- 8th NOVEMBER, 2011. ORAL JUDGMENT [ PER B.R. GAVAI, J.]:- 1] Rule. Rule made returnable forthwith. Heard finally by consent of parties. 2] The petitioners have approached this court since the respondent No.2 committee has not decided the matter pertaining to grant of validity certificate in respect of the claim of the petitioners of belonging to Thakur Schedule Tribe and the action of the respondent No.3 in contemplating termination of the petitioners on the ground of non-submission of validity certificate. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8339 OF 2011 WITH WRIT PETITION NO. 8342 OF 2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 4 3] The petitioners cannot be panalized for the inaction on the part of the respondent No.2 committee in not deciding the caste claim of the petitioners within the stipulated period. In any case, it is not in the hands of the petitioners as to within how much period the committee will decide their caste claim. 4] In that view of the matter, Rule is made absolute by quashing and setting the impugned letters dated 19.10.2011, issued by the respondent No.3. The respondent No.2 - Committee is directed to decide the caste claim of the petitioners, as expeditiously as possible and in any case within six months from today. It is directed that until the caste claim of the petitioners are decided, no coercive action would be taken against the petitioners. In the event, the respondent No.2 committee passes an order which is adverse to the interest of the petitioners, the same shall not be given effect to, for a period of 4 weeks, from the date of communication of the order passed by the respondent No.2 committee, to the petitioners. [M.T. JOSHI,J.] [B.R. GAVAI, J.] grt/-