1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5757 OF 2009 Rajendra S/o.Bhimrao Shelke PETITIONER VERSUS The State of Maharashtra and others RESPONDENTS Mr.D.R.Irale Patil, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 Mr.P.S.Patil, learned counsel for respondent no.2 Mr.U.B.Bondar, learned counsel for respondent no.3 and 4 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/08/2009 PER COURT : 1. Rule. Rule made returnable forthwith. With the consent of learned counsels 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 petitioner prays for quashing and setting aside the impugned communication dated 10/08/2009 by which the petitioner is called upon to produce the validity certificate on or before 14/08/2009, failing which the services of the petitioner are likely to be terminated. 2 The petitioner also prays for directing respondent Committee to decide the pending claim of the petitioner. It appears that the petitioner came to be appointed as a “Pharmasist” as the petitioner claim to be belonging to Mahadev Koli which is recognized as a Scheduled Tribe. The caste certificate of the petitioner came to be referred to the respondent Scrutiny Committee for verification on 01/10/2008 and since then the claim is pending before the Committee. The petitioner meanwhile on the basis of the impugned communication apprehends that adverse action of terminating the services of the petitioner are likely to be taken in the event the petitioner fails to produce the validity certificate. In that light of the matter therefore we deem it appropriate to decide this petition finally at this stage. We have accordingly heard Shri.D.R.Iralepatil, learned counsel for the petitioner, learned AGP on behalf of respondent no.1, Shri.P.SPatil on behalf of respondent no.2, and Shri.Bondar on behalf of respondent no.3 and 4. 3. In the light of that fact that the claim of the petitioner is pending before the respondent Scrutiny Committee, we are incline to allow this petition. We accordingly allow this petition and quash and set aside the impugned communication dated 10/08/2009 and direct the petitioner to appear before the respondent Scrutiny Committee on 16/09/2009, and further direct the Committee to decide the tribe claim of the petitioner within 6 months of 16/09/2009. It is needless to state that further action if any would be initiated by the respondents would be dependent on the order passed by the 3 Committee. 4. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5757-09 4