1 xlgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6822 OF 2009 Shaila D/o Babanrao Ranjane : Petitioner versus The State of Maharashtra & Anr. : Respondents. Mr Pratap Jadhavar for the Petitioner. Mr. C R Sonawane, AGP, for the Respondent Nos.1 and 5. Mr.Nitin Deshpande for Respondent Nos.2, 3 and 4. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 10th August 2009 P.C. 1. Rule. Rule with consent of the parties made returnable forthwith. Heard the learned counsel for the parties. 2. The Petitioner is a primary teacher appointed in the Zilla Parishad, Pune and presently working in Primary School, Koldare, Tal. Ambegaon, Dist. Pune. She was appointed in the year 1977 against a reserved post meant for the Scheduled Tribes as she claimed to belong to “Mahadev Koli” . Her caste certificate is required to be validated. At that time the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) 2 Caste Certificate Act, 2000 was not in existence and therefore it was directed that the Petitioner shall approach to the Scrutiny Committee for the purpose of validation certificate. It appears that the Petitioner has not approached to the Scrutiny Committee immediately. Now a letter dated 6th July 2009 has been issued by the Block Development Officer, Panchayat Samittee Ambegaon informing the Petitioner that she should get validation certificate by 30th July 2009 or her services would be terminated. After receipt of the said letter, the Petitioner has immediately approached the Scrutiny Committee. However, her application for validation was not accepted. Hence the above petition. 3. In fact the action taken by the employer and the committee both are contrary to provisions of law. Section 6 of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 specifically states that after getting a caste certificate under Section 4, any person desirous of availing of the benefits or concessions of reservation may make an application well in time in such form and in such manner as may be prescribed to the concerned Scrutiny Committee for the verification of such caste certificate and issue of a validity caste 3 certificate. Therefore, in view of this provision, the Scrutiny Committee was under an obligation to accept the application submitted by the Petitioner for carrying out an inquiry into the validation of her certificate. It is further to be noted that Subsection 3 of Section 6 of the said Act gives powers to the appointing authority to make an application in such form and in such manner as may be prescribed by the Scrutiny Committee for the verification of the caste certificate and issue of a validity certificate, in case of a person appointed by them. Therefore, what we find is that even though in the year 1997 the said Act was not there, but after the said Act came into force, it would have been possible for the Respondent Zilla Parishad to send the caste certificate of the Petitioner for validation to the concerned Scrutiny Committee, and therefore, the Respondent-Zilla Parishad should not have issued the letter dated 6th July 2009. Instead of threatening the Petitioner with termination of services of the Petitioner, the Respondents could have submitted the caste certificate of the Petitioner to the Scrutiny Committee for carrying out an inquiry under Section 6 of the said Act. 4. Under these circumstances, we direct the Zilla Parishad Pune to submit the caste validation proposal of the Petitioner under Section 6(3) of the said Act to the Scrutiny Committee as per the rules. We also 4 direct the Scrutiny Committee to accept the application of the Petitioner or if the Petitioner personally approaches the Scrutiny Committee with appropriate application, to consider the question of validity of her caste certificate. Both the Petitioner and the Zilla Parishad, Pune are directed to approach the concerned Scrutiny Committee within a period of two weeks from today and the Scrutiny Committee is hereby directed to hear and dispose of the application of the Petitioner within a period of twelve weeks after carrying out proper inquiry including the Vigilance Cell Inquiry. Needless to state that in case the Vigilance Cell Report is against the Petitioner, the Scrutiny Committee will furnish a copy of the said report and give opportunity to the Petitioner to represent against the said report. For the said period of twelve weeks the Respondents Zilla Parishad, Pune shall not take any decision to terminate the services of the Petitioner. The Petitioner shall cooperate with the Scrutiny Committee for early disposal and shall not go on taking adjournment so as to protract the matter beyond twelve weeks. Petition is allowed by making the Rule absolute to the aforesaid extent. [R.M.SAVANT, J] [S.B.MHASE, J]