0212wp3827.09.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3827 OF 2009 (NAMDEO DEVIDAS KUSRAM VS. THE EDUCATION OFFICER, Z.P. & 3 OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. P. T. Dhok, Advocate for the petitioner. Mr. Naik, Advocate for respondents No. 1 & 2. Mr. D. B. Patel, A. G. P. for respondent No. 3. Mr. S. M. Puranik, Advocate for respondent No. 4. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 02nd DECEMBER, 2009. Heard learned Counsel for the respective party. The writ petition is directed against notice dated 05/8/2009 issued by respondent No. 1 to the petitioner, whereby the petitioner is informed to submit his caste validity certificate within a period of seven days, failing which the services of the petitioner would be terminated as Assistant Teacher. The Counsel for the petitioner states that the petitioner was appointed as Assistant Teacher in the school run by Zilla Parishad, Yavatmal from Scheduled Tribe (Gond- Gowari) category on 29/6/1995. It is further submitted that after the appointment, the petitioner submitted caste certificate along with documentary evidence in support of his caste claim. All these documents were forwarded to the respondent-Caste Scrutiny Committee, for verification, however, the verification proceedings are still pending, and therefore, the petitioner is unable to submit the caste validity certificate within the stipulated period as demanded by the respondent-Zilla Parishad. It is, therefore, prayed that appropriate direction to the Caste Scrutiny Committee may be 0212wp3827.09.odt 2/2 issued to decide the caste claim of the petitioner within the stipulated period and in the meanwhile, services of the petitioner may kindly be protected. Mr. Naik, learned Counsel for respondent-Zilla Parishad and Mr. Puranik, learned Counsel for respondent- Caste Scrutiny Committee do not dispute the factual aspects of the matter. We have considered the contentions canvassed by the respective Counsel. Since the verification proceedings is pending with the Caste Scrutiny Committee, it is difficult for us to find fault with the petitioner, and therefore, the notice issued by the respondent-Zilla Parishad, in our view, is not reasonable. Hence, we dispose of this writ petition with direction to the Caste Scrutiny Committee to decide the caste claim of the petitioner finally on its own merit in accordance with law within the period of six months from the date of communication of this order. In the meantime, we direct the respondent-Zilla Parishad, Yavatmal not to disturb the services of the petitioner. It is made clear that the services of the petitioner shall be subject to the decision of the Caste Scrutiny Committee. The petitioner shall remain present before the Caste Scrutiny Committee, Amravati on 21/12/2009 at 11.00 a.m. With these observations and directions the writ petition is disposed of accordingly. JUDGE JUDGE wwl