1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5537 OF 2009 1. Vale Mangla Kautikrao, Age-Major, Occu-Service, R/o.Phulambri, Tq.Phulambri, Dist. Aurangabad 2. M.E.Anmad, Age-Major, Occu-Presently working As Junior Asstt. Clerk, R/o.Chincholi, Tq.Kannad, Dist. Aurangabad 3. A.G.Ambadwad, Age-Major, Occu-Presently working, as Junior Asstt. Clerk, R/o.Soigaon, Tal.Soigaon, Dist. Aurangabad PETITIONERS VERSUS 1. The Zilla Parishad, Aurangabad, Through its Chief Executive Officer, at Aurangabad 2. The Education Officer (Primary) Zilla Parishad, Aurangabad. 3. The Block Education Officer, (Deleted) Panchayat Samiti, Phulambri, Tq.Phulambri, Dist. Aurangabad. 4. The Head Master, (Deleted) Zilla Parishad Prashala, Chincholi, Tq. Kannad, 2 Dist. Aurangabad 5. The Block Development Officer, (Deleted) Panchayat Samiti Soigaon, Tq.Soigaon, Dist. Aurangabad 6. Committee for Scrutiny and Verification of Tribe Claims, Aurangabad RESPONDENTS Mr.Kailas More, learned counsel for the petitioners. Mr.U.B.Bondar, learned counsel for respondent no.1 and 2 Mr.U.S.Malte, learned counsel for respondent no.6 Respondent no.3 to 5 are deleted vide order dated 01/10/2009. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 01/10/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. At the outset, Shri.More, learned counsel for the petitioners seeks leave to delete respondent no.3 to 5. Leave granted. Deletion be carried out forthwith at the risk of petitioners. 2. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 3. By this petition under Article 226 of The Constitution of India, the petitioners pray for issuance of a writ for quashing and setting aside the communication dated 10/08/2009, informing the petitioners that adverse action was likely to be taken against the 3 petitioners for their failure to submit the validity certificates within 7 days. The petitioners also pray for issuance of writ of mandamus directing the respondents not to take any adverse action against the petitioners during the pendency of the verification proceedings. The petitioners also pray for directing the Scrutiny Committee to decide the caste claim of the petitioners. In the light of the limited nature of relief which is prayed for by the petitioners, we deem it appropriate to decide this petition finally at this stage. 4. The petitioners are the employees of Zilla Parishad, Aurangabad and came to be appointed some time in the year 1990. Obviously the appointment of the petitioners was on the posts which were reserved for reserved category candidates. There was delay in referring of the caste claim of petitioners to the Scrutiny Committee for verification. In fact the caste claim of the petitioner no.2 came to be referred to the Scrutiny Committee in the year October 2007 while the caste claim of petitioner no.1 and 3 came to be referred to the Scrutiny Committee on 29/08/2009 and 12/08/2009 respectively. It appears that the petitioners meanwhile were served with communication dated 10/08/2009 informing the petitioners to submit the validity certificate failing which an adverse action against the petitioners was likely to be initiated. 5. We allow this petition and direct the Scrutiny Committee to expeditiously decide the caste claim of the petitioners and accordingly direct the petitioners to appear before the Scrutiny 4 Committee on 14/10/2009 and further direct the Committee to decide the caste claim within 6 months of 14/10/2009. Since presently the caste claim of the petitioners are pending before the Scrutiny Committee, we are inclined to allow this petition by quashing and setting aside the impugned order in so far as it relates to the directions of taking adverse action against the petitioners for their failure to submit the validity certificate. By an ad interim relief, we have already protected the services of the petitioners and have protected the respondents not to initiate any action against the petitioners for their failure to submit the validity certificates. 6. Accordingly this petition succeeds and the impugned order dated 10/08/2009 in so far as it relates to the directions of initiating adverse action against the petitioners is quash and set aside and the petitioners are directed to appear before the Scrutiny Committee on 14/10/2009 and the Committee is directed to decide the caste claim of the petitioners within 6 months of 14/10/2009. During the pendency of the verification proceedings before the Scrutiny Committee, no adverse action be taken against the petitioners solely on the ground that they have failed to submit the validity certificate. 7. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/OCT 2009/wp5537-09