1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4726 of 2008 [G.D. Dalve Vs. STCSC, Amravati, & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. G.G. Mishra, Adv., for the petitioner. Mrs. S.W. Deshpande, Adv., for Respondent No.1. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI, JJ. DATE : 11th November,2008. Heard Mr. G.G. Mishra, the learned Counsel for the petitioner. The petitioner is an Asstt. Teacher under Respondent No.2, and has been appointed against a post reserved for Scheduled Tribe. The petitioner claims that he belongs to “Raj” - Scheduled Tribe, and his tribe claim is pending for scrutiny before respondent no.1-Committee. The petitioner is aggrieved by the order dated 23rd September, 2008 passed by the Respondent No.1-Committee, declining to proceed with the matter on the ground that one of its Members [Shri V.S. Pinjarkar] had claimed the status of “Raj”, Scheduled Tribe, and the petition filed by him was dismissed by this Court. Consequently, Shri Pinjarkar has 2 approached the Supreme Court and the Special Leave Petition is pending. We are not impressed by the reasons set out by the Committee in the impugned Order. The Committee will have to be re-constituted so as to exclude Shri V.S. Pinjarkar from it, or in the alternative, refer the tribe claim of the petitioner to another Committee at Nagpur. We, therefore, direct the Secretary, Tribal Development Department, Govt. of Maharashtra, to re-constitute the respondent no.1-Committee, so as to adjudicate upon the petitioner's tribe claim, and this shall be done within a period of two weeks from today. The re-constituted Committee or the alternate Committee, as the case may be, shall decide the petitioner's tribe verification claim as expeditiously as possible, and in any case, before 31st January, 2009. The impugned order passed by respondent no.1 shall stand suspended till 31st January, 2009. Judge Judge |Hedau| 3