1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO.5789 OF 2009 Anuradha w/o Chandrakant Pallewad, @ Alias Anuradha d/o Anandrao Kunte, Age 35 years, Occu.Service, R/o Bhushan Nagar, Pundlik Nagar road, Plot NO.12, Sandadeep, Garkheda Parisar, Aurangabad, District Aurangabad .. Petitioner Versus 1 The State of Maharashtra, its Secretary, Rural Development Department, Mantralaya, Mumbai 32 2 The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy.Director (Research), Nasik Division, Nasik 3. The Zilla Parishad, Aurangabad its Chief Executive Officer, Aurangabad .. Respondents Shri A.H.Koralkar, Advocate for petitioner Shri V.H.Dighe, Asstt.Govt.Pleader for respondent No.1 Shri P.S.Patil, Advocate for respondent No.2 Shri U.B.Bondar, Advocate for respondent No.3 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 1st September 2009 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 2. We have heard Shri Koralkar, learned Counsel for the petitioner, Shri Dighe, learned Assistant Government Pleader for respondent No.1, Shri P.S.Patil, learned Counsel for respondent No.2 and Shri U.B.Bondar, learned Counsel on behalf of respondent No.3. 3. The reason which necessitated the petitioner to approach this Court invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India is a communication addressed to the petitioner informing the petitioner to submit the validity certificate from the scrutiny committee; failing which the services of the petitioner would be terminated. It appears that the claim of the petitioner had been referred to the committee in 2004 and despite the passage of time, the claim has not been decided by the committee so far. The petitioner, therefore, feeling legitimately aggrieved by the conduct of the respondents has filed the present petition. Since the claim of the petitioner is pending consideration before the respondent – scrutiny committee since 2004, we direct the petitioner to appear before the Scrutiny Committee on 22nd September 2009 and direct the Committee to decide the tribe claim of the petitioner within four months of 22nd September 2009. Till the claim of the petitioner is adjudicated by the 3 scrutiny committee, no adverse action be initiated against the petitioner solely on the ground that the claim is pending consideration with the scrutiny committee. Further action, if any to be initiated by the respondents, in accordance with law, subject to the decision of the scrutiny committee. 4. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR, J.) ( P.V.HARDAS, J.) vvr/5789.09wp