1 wp3791.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.3791/2009 ( Kamal Gandhpawad ..V/s.. Chief Executive Officer, Zilla Parishad, Yavatmal + 2 ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.R. Narnaware, counsel for petitioner. Mr. V.V. Naik, counsel for respondent nos.1 and 2. Mr. N. W. Sambre, counsel for respondent no.3. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 24 th NOVEMBER , 2009 . Heard Mr. Narnaware learned counsel for petitioner, Mr. Naik learned counsel for respondent nos.1 and 2 and Mr. Sambre learned counsel for respondent no.3. Writ petition is directed against the impugned communication dated 5/8/2009 issued by respondent no.2 Education Officer (Primary), Zilla Parishad, Yavatmal whereby petitioner is asked to submit validity certificate within a period of seven days from the receipt of said communication failing which the appointment of petitioner as Assistant Teacher from Scheduled Tribe category shall be cancelled. Learned counsel for petitioner states that petitioner was appointed from Scheduled Category in the year 1996 in the school run by Zilla Parishad, Yavatmal. The caste claim of petitioner was forwarded to Caste Scrutiny Committee along 2 wp3791.09.odt with the documents for verification which is pending till this date and therefore, the validity certificate could not be submitted by petitioner. It is therefore, prayed that direction be given to the Caste Scrutiny Committee to decide the caste claim of petitioner and till such time the service of the petitioner may kindly be protected. Mr. Sambre, learned counsel for respondent no.3. - Caste Scrutiny Committee has submitted that if the caste claim of petitioner has not been decided till this date, will be decided within a period of six months from the communication of this order in accordance with law and procedure applicable in this regard. Considered the contentions canvassed by the respective counsel. In the backdrop of the above referred facts, it appears that the petitioner is not responsible for non-submission of validity certificate since the delay is caused in completing the verification proceedings by the Caste Scrutiny Committee and therefore, in the interest of justice we direct Caste Scrutiny Committee to conclude the caste verification proceedings within a period of six months in accordance with law from the date of communication of this order and Zilla Parishad is directed not to disturb the service of petitioner till then, which is made subject to the decision of the Caste Scrutiny Committee. Petitioner is directed to appear before the Caste Scrutiny 3 wp3791.09.odt Committee on 14th December 2009 on 11 a.m. With the above observations and directions we dispose of the writ petition. JUDGE JUDGE Tambaskar.