1 WP 7997.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FARAD CONTINUATION SHEET No. WRIT PETITION NO. 7997 OF 2011 (Avinash Gokul Thakur VS. The State of Maharashtra and ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. Arun H. Koralkar, Advocate for the Petitioner Mr. S.D. Kaldate, A.G.P. for the respondent-State Mr. P.S. Patil, Advocate for the respondent no.2 Mr. Sandeep Patil, Advocate for respondent nos.3 & 4 ... CORAM : B. R. GAVAI AND M.T. JOSHI, JJ. DATED : 20.10.2011 ORAL ORDER:- 1. Rule. Rule made returnable forthwith. Heard finally, by consent. 2. Shri Patil, learned counsel appearing on behalf of the respondent nos.3 and 4 vehemently opposes the Petition. He submits that the Corporation which is a wing of the State, is following the policy, as laid down by the State Government. It is submitted that in view of the Government resolution dated 5.11.2009, the petitioner is not entitled to the appointment. 2 WP 7997.2011 3. However, in bunch of Writ Petitions decided by this Court on 25.8.2011 being Writ Petition no. 2136 of 2011 with companion matters, we have struck down condition no.7 of the said Government Resolution dated 5.11.2009. 4. In that view of the matter, we are inclined to allow the Petition in the following terms:- (i) Since it is not in dispute, that the petitioner is duly selected against a post reserved for particular reserved category, we direct the respondent-employers to forthwith issue provisional appointment orders in favour of the petitioner, which shall be subject to validation of his caste/tribe claim. The same shall be done within a period of one month from today. (ii) The respondent-Scrutiny Committee is directed to decide the claim of the petitioner, as expeditiously as possible and in any case, within a period of six months from today. 3 WP 7997.2011 (iii) It is directed that no coercive action shall be taken against the petitioner on the ground of non-submission of validity certificate till the respondent-committee decides the claim of the petitioner. (iv) It is further directed that in the event any order adverse to the interest of the petitioner is passed by the respondent- Committee, the same shall not be given effect for a period of four weeks from the date of receipt of communication by the petitioner. 5. Rule is made absolute in the aforesaid terms with no order as to costs. Sd/- Sd/- arp [M. T. JOSHI, J. ] [B. R. GAVAI, J.]