1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6219 OF 2010 Shankar S/o Narayan Rodewad, Age : 37 Years, Occu. : Service at present, as assistant Teacher, R/o At Behak Post Sujalgaon, Tq. Billoli, Dist. Nanded, At present C/o Zilla Parishad Primary School, Pungani, Centre Ekdar, Tq. Majalgaon, District Beed. .. .. Petitioner Versus 1. The State of Maharashtra, Through it Secretary, Rural Development Department M.S., Mantralaya, Mumbai. 2. Scheduled Tribe Scrutinize Committee, Aurangabad Division, Aurangabad. 3. Chief Executive Officer, Z. P. Beed, Tq. & Dist. Beed. .. .. Respondents Shri S. A. Nagarsoge, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondent No. 1. Shri R. P. Phatake, Standing Counsel for the Respondent No. 2. Shri N. L. Jadhav, Advocate for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. 2 DATE : 15TH JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. The petitioner impugns the order dated 14.05.2010 issued by the respondent No. 2 terminating the services of the petitioner on the ground of failure of the petitioner to submit the validity certificate. 3. The petitioner who claims to be belonging to "Koli Mahadev" scheduled tribe came to be appointed as primary teacher on a post which was reserved for Scheduled Tribe category candidates. The respondent No. 3 instead of forwarding the caste verification proposal of the petitioner to the Scrutiny Committee, issued termination order dated 14.05.2010 on failure of the petitioner to submit the validity certificate. According to us the aforesaid order is wholly unsustainable in law. The petition deserves to be allowed. 3 4. Accordingly, we allow this petition and quash and set aside the impugned order and direct the respondent No. 3 to forward the caste verification proposal of the petitioner within four weeks from today to the respondent No. 2 and further direct the petitioner to appear before the respondent No. 2/Scrutiny Committee on 23rd August, 2010 and direct the respondent No. 3/Committee to decide the caste claim/tribe claim of the petitioner within one year of 23.08.2010. 5. During the pendency of the claim of the petitioner before the Committee no adverse action be taken against the petitioner solely on the ground that the petitioner has not produced the validity certificate. 6. Rule is thus made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10