1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 5708 OF 2009 Vijay s/o Mallayya Bachalkar, Age : 31 years, Occu.Service, R/o H.No.3-11-73, Bakkalguda, Shahganj, Aurangabad, Dist. Aurangabad ..PETITIONER VERSUS 1. The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Mumbai-32 2. The Chief Executive Officer, Zilla Parishad, Aurangabad ..RESPONDENTS Mr S.R. Dheple, Advocate for the petitioner; Mr V.H. Dighe, A.G.P. for respondent no.1; Mr U.B. Bondar, Advocate for respondent no.2. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 25th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , J ] 2 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard learned Counsel for the petitioner, learned A.G.P. on behalf of respondent no.1 and Shri U.B. Bondar, learned Counsel on behalf of respondent no.2. 3. By this petition under Article 226 of the Constitution of India the petitioner impugns a communication dated 10.8.2009 issued by respondent no.2 and also prays for directing the respondents not to terminate the services of the petitioner on the basis of the said letter. In the light of the limited relief which the petitioner has prayed for in this petition, we deem it appropriate to decide this petition finally at this stage. 4. By the aforesaid impugned communication dated 10.8.2009 the petitioner was called upon to produce the validity certificate/submit a certificate for being referred to the Scrutiny Committee as the petitioner had been granted appointment/promotion on a seat which was reserved for Scheduled Tribe candidates. Though the petitioner claims to be belonging to "Mannewar" which according to the petitioner is 3 recognised as a Scheduled Tribe, the petitioner came to be appointed on class III post as a Junior Assistant on the basis of the fact that his appointment was an appointment on compassionate ground. Father of the petitioner who was in service had expired and, therefore, the petitioner came to be appointed on compassionate ground. The appointment of the petitioner obviously in that circumstance could not be considered as appointment on a seat which was reserved for Scheduled Tribe candidates. The petitioner in such circumstances, therefore, cannot be called upon to submit a validity certificate nor can the certificate of the petitioner be submitted to the Scrutiny Committee for verification. Consequently no adverse action against the petitioner can be taken on the ground that the petitioner has failed to submit the validity certificate. 5. In the light of that, therefore, we are inclined to allow this petition and quash and set aside the impugned order. We, however, clarify that in the event the petitioner desires to take advantage of the caste, the petitioner would be required to submit a validity certificate and whatever advantages which the petitioner may derive would be subject to the decision of the Scrutiny Committee. 4 . This writ petition is accordingly allowed. Impugned order is hereby quashed and set aside and Rule is made absolute on the above terms with no order as to costs. ( A.V. POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp5708.09 5 WRIT PETITION NO. 5708 OF 2009 Date of decision : 25th September, 2009 For approval and signature THE HONOURABLE SHRI JUSTICE P.V. HARDAS THE HONOURABLE SHRI JUSTICE A. V. POTDAR 1. Whether Reporters of Local Papers } may be allowed to see the judgment? } Yes. 2. To be referred to the Reporter or not? } Yes/No 3. Whether Their Lordships wish to see the fair copy of the judgment? } No. 4. Whether this case involves a substantial } question of law as to the interpretation } of the Constitution of India, 1950 or } any Order made thereunder? } No. 5. Whether it is to be circulated to the } Civil Judges? } No. 6. Whether the case involves an important } question of law and whether a copy of } the judgment should be sent to Mumbai, } Nagpur and Panaji offices? } No. [ Anant Joshi ] Private Secretary to the Honourable Judge