1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4808 of 2008 [Ganesh Shriram Kherodkar Vs. Zilla Parishd, Buldana & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Anil Mardikar, Adv., for the petitioner. Mr. G.G. Mishra, Adv., for respondent nos.1 and 2. Mr. P.B. Patil, Adv., for respondent no.3. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI,JJ. DATE : 18th December, 2008. 1. We have heard Mr. Mardikar, the learned counsel for the petitioner. 2. The petitioner is aggrieved by the order of termination from service issued by the Chief Executive Officer, Zilla Parishad, Buldana on 24th October, 2008. 3. Admittedly, on 26th June, 1998, the petitioner came to be appointed as Asstt. Teacher in a Primary School run by the Zilla Parishad against a seat reserved for Scheduled Tribe. On the basis of the Caste Certificate issued by the Executive Magistrate, Akola, on 2 16th March, 1985, the petitioner claims that he belongs to “Raj”, Scheduled Tribe. It is also not in dispute that the petitioner did not apply for verification of his tribe claim despite the fact that he came to be employed as Asstt. Teacher against a seat reserved for Scheduled Tribe and after the Hon'ble Supreme Court's decision in Madhuri Patil's case reported in AIR 1997 SC 95. 4. We are satisfied that the petitioner did not apply for verification of his tribe claim at any time before the impugned order of termination was issued. However, having regard to the documents placed before us, we are of the considered view that his tribe claim requires to be scrutinized by the competent Committee, i.e., respondent no.2. At the same time, we are not in favour of reinstating the petitioner in service, save and except the protection to be reinstated on his succeeding before the Scrutiny Committee. 5. Hence it is directed that in case the petitioner applies to the respondent no.2- Committee for verification of his tribe claim along with all supporting documents within a period of two weeks from today, the Scrutiny Committee shall accept the said application and scrutinize the petitioner's tribe claim on its own merits and as expeditiously as possible, but preferably within a period of six months from 3 the date the petitioner appears before the Scrutiny Committee. In case the petitioner succeeds before the Scrutiny Committee, the Zilla Parishad shall reinstate him as Asstt. Teacher with continuity in service, but without any back wages. 6. The petition is disposed off in terms of above directions. Judge Judge |Hedau| 4