1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5256 OF 2010 Smt.Sarjabai d/o Satwa Polkamwad, Age 36 years, Occu.Presently serving as Auxiliary Nurse Midwife at Primary Health Centre, Nagapur, Tq.Parli, District Beed, Presently residing at Nagapur, Taluka Parli, Dist.Beed .. PETITIONER VERSUS 1. The State of Maharashtra, Department of Tribal Development Mantralaya, Mumbai 32 Through its Secretary 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Member Secretary 3. Zilla Parishad, Beed Through its Chief Executive Officer 4. The District Health Officer, Zilla Parishad, Beed 5. The Medical Officer, Primary Health Centre, Nagapur, Taluka Parli, District Beed .. RESPONDENTS Mr.A.S.Golegaonkar, Advocate for petitioner Mrs.A.V.Gondhalekar, Asstt. Govt.Pleader for respondent No.1 & 5 Mr.P.SPatil, Advocate for respondent No.2 Mr.U.B.Bondar, Advocate for respondents 3 and 4 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 18 th June 2010 2 ORAL JUDGMENT (PER N.D.DESHPANDE, 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. The petitioner by this petition under Article 226 of the Constitution of India prays for quashing and setting aside the show cause notice dated 14.5.2010 issued by respondent No.3 directing the petitioner to submit caste validity certificate before 13.6.2010 and direct the respondent No.3 not to take any adverse action like termination of the petitioner on the basis that petition failed to submit caste validity certificate within a stipulated period and allow the petitioner to work on the post of Auxiliary Nurse Midwife with respondent No.5 pending the decision of her tribe claim with the committee. 3. The facts of the case can be briefly stated thus. The petitioner came to be appointed as Auxiliary Nurse Midwife on 23.9.1996 as against a post reserved for Scheduled Tribe category. As she claimed to be belonging to Mahadeo Koli – Scheduled Tribe, petitioner’s tribe claim was referred to the Scrutiny Committee for verification and the same is said to be pending. Since the respondent – committee has not decided the 3 caste claim of the petitioner, she cannot be faulted. 4. On behalf of the respondent scrutiny committee, learned Counsel for the Committee has agreed to decide the caste claim within six months. 5. In view of the statement made by learned Counsel appearing on behalf of the Committee, we, therefore, allow this petition, quash and set aside the impugned order dated 14.5.2010 and direct the respondents not to take any adverse action against the petitioner during the pendency of the tribe claim before the Scrutiny Committee. 6. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5256.10wp)