1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.4585 OF 2010 1. Baban s/o Sakharam Nagalbone, Age 37 years, Occ. Service, R/o Georai, Tq. Georai, District Beed. 2. Yashwant s/o Vishnupant Damale, Age 37 years, Occ. Service, R/o Ardhamasla, Tq. Georai, District Beed. 3. Ashok s/o Natthuram Birhari, Age 37 years, Occ. Service, R/o Agarandur, Tq. Georai, District Beed. ... PETITIONER VERSUS 1. The State of Maharashtra, through Secretary to Rural Development Department, Mantralaya, Mumbai (Copy to be served on Government Pleader, High Court of Judicature of Bombay, Bench at Aurangabad) 2. The Chief Executive Officer, Zilla Parishad, Beed. 3. The Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director (Research), Aurangabad ... RESPONDENTS ..... Shri S.M. Vibhute, Advocate for the petitioner Shri D.R. Korde, A.G.P. for respondent No.1 Shri P.P. Dama, Advocate holding for 2 Shri P.S. Patil for respondent No.2 ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 15th July, 2010 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 stage of admission. 2. By this petition under article 226 of the Constitution of India, the petitioners take exception to the order dated 14.5.2010, by which the services of the petitioners came to be terminated on account of failure on the part of the petitioners to submit the validity certificates. 3. At the outset, Mr. Vibhute, learned counsel for the petitioners states that the petitioners may be permitted to withdraw this petition in so far as it relates tot he relief prayed for by the petitioner No.1 as petitioner No.1 has been issued with the validity certificate. In that light of the matter, therefore, the petition stands dismissed in so far as the relief prayed by petitioner No.1. 3 4. Petitioner Nos.2 and 3 undisputedly came to be appointed on the strength of their caste certificate on posts reserved for Scheduled Tribe category candidates by the respondent No.2. The respondent No.2 did not forward the caste certificates to the Scrutiny Committee for verification. Consequently, the petitioners were unable to submit the validity certificates. To add to their woe, the respondent No.2 issued the order dated 14.5.2010, terminating the services of the petitioners. However, the aforesaid order came to be stayed by the authorities and consequently, the petitioners are still in employment. 5. We, therefore, permit the petitioners to amend the petition to incorporate a prayer for directing respondent No.2 to forward the proposal of the petitioners for verification of their tribe. Amendment to be carried out forthwith. 6. Accordingly, this writ petition succeeds and the impugned order is hereby quashed and set aside and respondent No.2 is directed to forward the proposals of the petitioner Nos.2 and 3 to the Scrutiny Committee for verification within four weeks from today. The petitioners are directed to appear before the Scrutiny Committee on 23/8/2010 and the Scrutiny Committee shall decide the tribe claim of the petitioner Nos.2 and 3 within one year of 23/8/2010. During the course of the verification proceedings, the respondent No.2 shall not 4 take any adverse action on the sole ground that validity certificates have not been produced by the petitioners. 7. Rule is thus made absolute on above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)