1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.77 of 2008 (Mohan s/o Ravindra Thakur vs. The State of Maharashtra and others) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders ... CORAM:S.B.DESHMUKH AND K.U.CHANDIWAL, JJ. DATE: 9/9/2010 ... 1. We heard learned Counsel Mr. A.S.Golegaonkar for the petitioner and Mr. P.R.Phatke Patil, A.G.P., for respondent no.1 State and so also as Special Counsel for respondent no.2 Committee. None appears for respondent no.3, despite service. 2. Petitioner seeks limited relief from this Court. According to petitioner, his social status claim is pending with respondent no. 2 Committee since Dec.,20th, 2003. He seeks writ against respondent no.2 to decide the tribe claim of the 2 petitioner within stipulated period. Petitioner is also seeking interim relief against respondent no.3 to issue provisional appointment order in favour of petitioner, pending adjudication of claim by respondent no.2, as a Conductor (Junior), against a post reserved for Scheduled Tribe category as per turn and merit in Select List so prepared. Mr.Golegaonkar, learned Counsel, also points out prayer clause (C). By this prayer, the petitioner seeks restrainment of respondent no.3 from canceling name of petitioner from select list prepared for the post of Conductor (Junior) and also direction to respondent no.3 to forthwith issue provisional appointment order in favour of the petitioner as per turn and merit in the Select List so prepared in the year 2004 by respondent no.3. 3. This writ petition appears to have been filed by the petitioner on August 30th, 2007. Mr.Golegaonkar, learned Counsel, 3 submits that as of today there is no order passed by respondent no.3 Corporation against the petitioner i.e. removal of his name from the alleged select list. 4. Earlier, this matter was before this Court on 31st August, 2010. On that day, issue before the Court was, whether social status claim of the petitioner is pending consideration before the Scheduled Tribe Caste Certificates Verification Committee, Nashik Division, Nashik or with such Committee at Nandurbar Division, Nandurbar. Time was also granted in favour of respondent no.2. Mr.Phatke Patil, learned Counsel, on instructions, makes a statement that papers have been received in relation to the claim of the petitioner from the Committee. The petitioner has now amended and corrected the status of respondent No.2 as the Scheduled Tribe Caste Certificate Verification Committee, Nandurbar Division, Nanduram. 4 5. In our view, no interim relief as of today is necessary. Social status claim of the present petitioner is pending before the Committee at Nandurbar. The Committee can be directed to decide the social status claim of the petitioner in accordance with the provisions of law on or before 13th Dec.,2010. 6. We direct the petitioner to remain present before respondent no.2 on 27th Sept.,2010. We further direct respondent no.2 Committee to decide the social status claim of the present petitioner in accordance with the provisions of law by affording an opportunity to the present petitioner, on or before 13th Dec., 2010. With this, the writ petition stands disposed of. No costs. Authentic copy is permitted to the requesting parties as per usual procedure. (K.U.CHANDIWAL) (S.B.DESHMUKH) JUDGE JUDGE AGP/77-08wp