1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.6151/2010 ( Mahendra Pandhari Bawiskar ..Vs.. Adiwasi Vikas Shikshan Sanstha & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. R.S. Parsodkar, Adv. for petitioner. Mrs. R.D. Raskar, Adv. for respondent nos.1 and 2. Mr. N.W. Sambre, GP for respondent no.3. CORAM : D.D. SINHA & A.P. BHANGALE JJ. DATE : 21 .2. 2011 . 1. Heard the learned counsel for the petitioner, learned counsel for the respondent nos.1 and 2 and the learned G.P. for the respondent no.3. 2. In the instant case the petitioner was appointed as a Assistant Teacher from Scheduled Tribe Category (Thakur) on 29/6/1998. The petitioner submitted the caste certificate issued by the competent authority along with the documents in support of his caste claim to the respondent nos.1 and 2 – Management. The respondent – Management of the school forwarded the same to the Caste Scrutiny Committee for verification in the year 2009 which is pending for the decision. The learned counsel for the petitioner has 2 submitted that the petitioner is directed to submit the validity certificate before 24/12/2010 by the Management vide his communication dated 14/12/2010 failing which the services of the petitioner as a Assistant Teacher would be terminated. The learned counsel for the petitioner has prayed that direction be given to the Caste Scrutiny Committee to decide the caste claim of the petitioner within a stipulated period and till then the services of the petitioner be protected. The learned counsel for the respondent – Management has not disputed that the Management forwarded the caste claim of the petitioner along with the documents submitted by the petitioner to the Caste Scrutiny Committee for verification. 3. Since the Caste Scrutiny Committee has not decided the caste claim of the petitioner till this date, it is beyond the capacity of the petitioner to submit the validity certificate, as demanded by the respondent within a stipulated period. If the petitioner is still in service, in the interest of justice, it may be not disturbed till the Caste Scrutiny Committee decides the caste claim of the petitioner. 4. In the circumstances, we direct the Caste Scrutiny Committee to decide the caste claim of the petitioner within a period of three months from the date of communication of 3 this order in accordance with law and procedure applicable in this regard. The order of protection granted in respect of the services of the petitioner is subject to the result of decision of the Caste Scrutiny Committee. With these observations and directions the present writ petition is disposed of. JUDGE JUDGE Tambaskar.