1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3999 OF 2008 (Shri Nina s/o Manohar Zalte vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 27, 2009 Heard Shri Kshirsagar, learned Counsel for the petitioner, Shri Thakre, learned Assistant Government Pleader for the respondent nos. 1 and 2, and Mrs. Jog, learned Counsel for the respondent no.3. The petition is directed against the communication dated 26.8.2008 issued by the Chief Executive Officer, Zilla Parishad, Buldhana whereby petitioner is directed to submit caste validity certificate within seven days from the date of service of impugned communication, failing which action against the petitioner according to Government Resolution dated 15.6.1995 will be taken. Shri Kshirsagar, learned Counsel for the petitioner, states that the petitioner was not appointed on the post of Gram Sevak from the reserved 2 category and the petitioner was given appointment from the category of project affected persons. It is contended that the impugned communication is not sustainable in law. Shri Kshirsagar, learned Counsel for the petitioner, alternatively prays that petitioner may be granted permission to submit representation to the Chief Executive Officer, Zilla Parishad, Buldhana against the impugned communication dated 26/8/2008 and direction may be issued to the Chief Executive Officer, Zilla Parishad, Buldhana to decide the same in accordance with law. In the backdrop of the above referred facts and considering the cause of action involved, we dispose of the petition with liberty to the petitioner to make a representation against the impugned communication to the Chief Executive Officer, Zilla Parishad, Buldhana within fifteen days. If such representation is made, we direct the Chief Executive Officer, Zilla Parishad, Buldhana to decide the same on its own merits in accordance with law and procedure applicable in this regard within six weeks from the date of receipt of the representation. JUDGE JUDGE khj 3