1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.4985 OF 2010 1. Shivaji s/o Vitthalrao Babanna, Age : 42 years, Occu. Service, R/o Ambajogai, Tq. Ambajogai, District Beed 2. Krushna s/o Ulhajirao Potalwar, Age : 42 years, Occu. Service, R/o Dharur, Tq. Dharur, District Beed 3. Sambhaji s/o Murlidhar Nirde, Age : 42 years, Occu.Service, R/o Dharur, Tq. Dharur, District Beed 4. Sunil s/o Ramchandra Pawar, Age : 38 years, Occu.Service, R/o Ambajogai, Tq. Ambajogai, District Beed 5. Sow. Sangita Baburao Bhanje, Age : 33 years, Occu.Service, R/o Ambajogai, Tq. Ambajogai, District - Beed ..PETITIONERS VERSUS 1. The State of Maharashtra, Through it's Secretary, Tribal Development Department, Mantralaya, Mumbai - 32 2. The Scheduled Tribe Caste Certificate Verification Committee Aurangabad, Through its Dy. Director (R), Aurangabad 2 3. The Chief Executive Officer, Zilla Parishad, Beed, District Beed ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioners; Mr S.K. Tambe, A.G.P. for respondent no.1; Mr U.S. Malte, Advocate for respondent no.2; Mr P.P. Dama, Advocate for respondent no.3. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 10th June, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 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 pray for issuance of a writ for quashing and setting aside the communication dated 14.5.2010. 3. In the light of the limited relief which the petitioners have prayed for in this petition, we deem it appropriate to decide this petition finally at this stage. 3 4. Since the proceedings seeking validity of the caste claims of the petitioners are pending before the Scrutiny Committee, according to us the communication dated 14.5.2010 by which the petitioners are called upon to submit the validity certificate within a particular time, failing which their services would be terminated is arbitrary. We accordingly allow this petition and quash and set aside the communication dated 14.5.2010. We further direct the respondent - Scrutiny Committee to expeditiously decide the proposal of the petitioners seeking validity certificate. We accordingly direct the petitioners to appear before the Scrutiny Committee on 28.6.2010 and direct the Scrutiny Committee to decide the proposal in accordance with law, within six months thereafter. 5. Further action to be taken by the respondents would be subject to the decision of the Scrutiny Committee. 6. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp4985.10 4