wp3195.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3195 OF 2010 Vinod s/o Shivnath Thakur age 37 years, occ. service r/o Deulgaon Gujari, Tq. Jamner District Jalgaon. .. PETITIONER VERSUS 1 The State of Maharashtra Through its Secretary Social Welfare Department Mantralaya, Mumbai. 2 The Caste Verification Committee for Scheduled Tribe, Through its Additional Commissioner, Nandurbar Tq & Dist Nandurbar. 3 The Malkapur Shikshan Samiti Malkapur, Dist. Buldhana Through its Director (Administration) 4 The Head Master MES Secondary & Higher Secondary School Dhamangaon Badhe Tq. Mautala, Dist. Buldhana. 5 The Education Officer (Secondary) Zilla Parishad, Buldhana .. RESPONDENTS Mr. A.B. Girase, advocate for the petitioner. Mr. D.R. Kale, AGP for the State. wp3195.10 2 Mr. R.P. Phatke, advocate for respondent no. 2. Mr. Rohit Sarvadnye, advocate for respondent nos. 3 and 4. ===== CORAM : D.B. BHOSALE & R.M. BORDE, JJ. DATE : 18 th FEBRUARY, 2011. ORAL JUDGMENT : ( PER D.B. BHOSALE, J.) 1 Heard learned counsel for the parties. 2 Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for the parties. 3 By this writ petition the petitioner is seeking directions against respondent no. 2 - The Caste Verification Committee for Scheduled Tribes to decide his caste claim within time fram. He has also prayed for directions to respondent nos. 3 to 5 not to take any adverse action against the petitioner till the decision of the Scrutiny Committee. This court, vide order dt. 12-4-2010 while issuing notices to the respondents, granted protection to the petitioner directing the respondents not to take adverse action against the petitioner on the ground that the validity certificate has not been produced by him. That interim order is operating till this date. The caste claim of the wp3195.10 3 petitioner is pending before the Committee since 2005. Keeping that in view, we are inclined to allow this writ petition in terms of prayer clause 'B'. Respondent no. 2 - The Caste Verification Committee for Scheduled Tribe shall accordingly decide the caste claim of the petitioner as expeditiously as possible and preferably within a period of four months from the date of receipt of this order. Petitioner is directed to produce copy of this order before the Committee within a period of two weeks from today. Till the caste claim of the petitioner is finally decided by the Committee, interim protection granted by this court vide order dated 12-4-2010 shall remain operative. If the order passed by the Committee is adverse to the petitioner, the interim protection shall remain operative for a period of 15 days from the date of decision. The petitioner is directed to appear before the Scrutiny Committee on 7th March, 2011, with the copy of this order. Rule is made absolute in terms of this order with no order as to costs. ( R. M. BORDE ) ( D.B. BHOSALE ) JUDGE JUDGE dyb