1 WP 706.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 706 OF 2011 Santosh Zumbarlal Raut .... PETITIONER VERSUS The State of Maharashtra and others. .... RESPONDENTS Mr. M.S.Deshmukh, Advocate for the petitioner. Mr. S.K.Kadam, Asstt. Govt. Pleader for State. CORAM : NARESH H. PATIL & S.V. GANGAPURWALA, JJ. DATE : 04/03/2011 PER COURT : 1. Heard. 2. The petitioner contends that he was selected by M.P.S.C. Directly for the post of Dy. Collector Group – A. The petitioner claims to be belonging to ‘ Mali ’ [ O.B.C. ]. The petitioner’s caste claim was verified by the Scrutiny Committee and on 21/4/2009, the Committee issued the Certificate, which demonstrated that out of three ( 3 ) members, two (2) members had validated the claim, whereas the Chairman of the Committee endorsed that the petitioner’s claim is invalidated. 3. The petitioner had preferred Writ Petition No. 5063 of 2009 2 WP 706.2011 seeking relief in this regard. By an order dated 2/9/2009, the Division Bench of this Court [ Coram : P.V. Hardas and A.V. Potdar, JJ ] directed as under in para four ( 4 ) of the said order : “ In the light of that, therefore, we direct the petitioner to submit original of this validity certificate ( Exhibit – J ) to the Committee. We also direct the Committee to issue a fresh validity certificate to the petitioner within one week from today. The aforesaid certificate should not contain any endorsement above the signatures of the members in respect of either validity or invalidity of the claim ”. 4. The petitioner thereafter received validity certificate issued on 9/9/2009. 5. The learned counsel for the petitioner submits that since then the petitioner is waiting for appointment order as the proposal of the petitioner’s name was already forwarded to the State authorities. 6. The learned Assistant Govt. Pleader has taken written instructions from the State. Mr. Rajendra Surve, Additional Secretary, Maharashtra State by communication dated 4/3/2011 communicated that 3 WP 706.2011 the proposal in respect of the petitioner’s appointment is pending with the State Govt. and after getting sanction, necessary orders in respect of appointment of the petitioner as Dy. Collector would be issued. 7. The petitioner is waiting for the appointment order since last near about two ( 2 ) years. Considerable time has elapsed since then. It is expected that the State Govt. takes decision in this regard in the light of the statement made by the learned Assistant Govt. Pleader and communicate the same to the petitioner. 8. We, therefore, direct the respondent – State to take decision on the proposal of the petitioner and communicate the decision to the petitioner within four ( 4 ) weeks from the date of receipt of the order passed by this Court. A copy of communication dated 4/3/2011 is marked as ‘ X ’ for the purpose of identification. The Petition is disposed of. Authenticated copy be given. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL,J.] knp/WP 706.2011