1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5591 OF 2011 (Shatrughna Ramchandra Apturkar vs. The State of Maharashtra 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 : NOVEMBER 15, 2011 Heard Shri Kulkarni, learned Counsel for the petitioner, Mrs. Khade, learned Assistant Government Pleader for the respondent nos.1 and 2, and Shri Abhay Sambre, learned Counsel for the respondent no.3. Shri Kulkarni, learned Counsel for the petitioner, states that the petitioner was appointed as Junior Mechanic in the establishment of respondent no.3 vide order dated 13/11/2000 from Nomadic Tribe (B) category (Lohar). The caste claim of the petitioner was sent by the Department to the Caste Scrutiny Committee for the first time on 26/8/2011, 2 which is pending for verification before the Caste Scrutiny Committee. It is submitted that before the Caste Scrutiny Committee could take a decision in the verification proceedings, the respondent no.3 has terminated service of the petitioner on the ground of non-submission of caste validity certificate as per provisions of the Maharashtra Scheduled Caste, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. It is submitted that appropriate direction may be given to the Caste Scrutiny Committee to decide the caste claim of the petitioner and if the Caste Scrutiny Committee validates the caste claim of the petitioner, the order of termination dated 31/10/2011 may be recalled. In the backdrop of the above referred facts, it appears that caste claim of the petitioner is pending for verification and decision before the Caste scrutiny Committee. In the circumstances, we direct the respondent no.2 Caste Scrutiny Committee to decide the caste claim of the petitioner on its own 3 merits in accordance with law and procedure applicable in this regard within a period of six months from the date of communication of this order. If the Caste Scrutiny Committee validates the caste claim of the petitioner, the order of termination dated 31/10/2011 shall stand withdrawn since it is passed by the respondent no.3 for non-submission of caste validity certificate and the petitioner will be entitled to all the consequential benefits. The petitioner undertakes to appear before the Caste Scrutiny Committee on 28/11/2011 at 11 A.M. With the aforesaid observations and directions, the petition is disposed of. JUDGE JUDGE khj