1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6524 OF 2010 Sunil s/o Bhanudasrao Deorwade, Age 38 years, Occu.Service, R/o Keij, Taluka Keij, Dist.Beed ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Rural Development Department, Mantralaya, Mumbai 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed 3. The Schedule Tribe Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad ..RESPONDENTS Mr.S.M.Vibhute, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondent No.1 Mr.P.P.Dama, Advocate for respondent No.2 Mr.R.P.Phatke, Advocate for respondent No.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd July 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. The petitioner, who claims to be belonging to Koli Mahadev – Scheduled Tribe came to be appointed by the respondent – Zilla Parishad as an Assistant Teacher on a post which was reserved for Scheduled Tribe candidates. The respondent No.2, however, did not forward the proposal of the petitioner to the scrutiny committee for verification. Despite that fact, the petitioner was served with the communication dated 14.5.2010 terminating the services of the petitioner. The aforesaid order of termination dated 14.5.2010 has been stayed by respondent No.2 for a period of two months by order dated 29.5.2010. The petitioner, therefore, continues to be in employment. 3. In the light of those facts, therefore, we are inclined to allow this petition and accordingly, allow this petition and direct the respondent No.2 to forward the tribe claim of the petitioner to the scrutiny committee for verification. This be done by respondent No.2 within four weeks from today. We, accordingly, direct the petitioner to appear before the respondent – scrutiny committee on 30th August 2010 and further direct the Committee to decide the tribe claim of the petitioner within one year of 30th August 2010. In the meantime, no adverse action be taken against the petitioner solely on the ground that the petitioner has failed to submit his validity certificate. 3 Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6524.10wp)