1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5954 OF 2009 Shri Sunil s/o Pratap Thakur, Age 31 years, Occu.Service, R/o At Post Betawad, Taluka Sindkheda, District Dhule .. Petitioner Versus 1. The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai 32 Through its Secretary 2. The Scheduled Tribe Caste Verification Committee, Adiwasi Vikas Bhawan, Gadkari Chowk, Nasik 2 Through its Member Secretary 3. The Scheduled Tribe Certificate Scrutiny Committee, Nandurbar Division, Nandurbar 4. The Additional Director General of Police & Director, Police Wireless, Maharashtra State, Pune .. Respondents Shri S.C.Yeramwar, Advocate for petitioner Shri N.N.Jadhav, Asstt.Govt.Pleader for respondents 1 and 4 Shri U.S.Malte, Advocate for respondents 2 and 3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 9th September 2009 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 2 stage of admission. Learned Assistant Government Pleader accepts notice on behalf of respondents 1 and 4 and Shri Malte accepts notice on behalf of respondents 2 and 3. 2. Undisputedly, the claim of the petitioner is pending consideration before respondent – scrutiny committee and during the pendency of the aforesaid claim the petitioner came to be appointed as Police Constable on furnishing an undertaking by the petitioner that the validity certificate would be produced by him within six months of his appointment. Since the respondent – committee did not decide the tribe claim of the petitioner, the petitioner could not fulfill the undertaking given to the respondents. As a consequence of that, the petitioner received communication calling upon the petitioner to submit the validity certificate. The petitioner who apprehends that his service is likely to be terminated on account of his failure to produce the validity certificate has filed the present petition. 3. In the light of the aforesaid facts, we are inclined to allow this petition. We accordingly direct the respondents not to take any adverse action against the petitioner for his failure to produce the validity certificate as we intend to direct the respondent – committee to expeditiously decide the tribe claim of the petitioner. We accordingly direct the petitioner to appear before 3 the respondent No.3 Committee at Nandurbar on 22nd September 2009 and further direct the committee to decide the tribe claim of the petitioner within six months of 22nd September 2009. As observed by us above, respondents not to take any adverse action against the petitioner for his failure to produce the validity certificate during the pendency of his tribe claim. Further action, if any, to be taken after the committee decides the caste status of the petitioner. 4. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/5954.09wp 4