1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5379 OF 2009 Ramesh S/o.Mankayya Lakekar, Age-43 years, Occu-Peon, Water Supply, Zilla Parishad, Aurangabad, R/o.Baijipura Colony, Indiranagar, Aurangabad PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Department of Rural Development, Mantralaya, Mumbai. 2. Zilla Parishad, Aurangabad, Through its Chief Executive Officer, 3. The Scheduled Tribe Caste Certificate Scrutiny Committee, Aurangabad Division, at Aurangabad. RESPONDENTS Mr.Ajay Shinde, learned counsel for the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1 Mr.U.B.Bondar, learned counsel for respondent no.2 Mr.P.S.Patil, learned counsel for respondent no.3 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2009 ORAL JUDGMENT : (Per A.V.Potdar, J.) 2 1. By the present writ petition under Article 226 of The Constitution of India, the petitioner has prayed for issuance of writ of certiorari to quash and set aside the order dated 10th August 2009 and also prayed for issuance of writ of certiorari and directions to the second respondent Zilla Parishad, Aurangabad not to terminate the service of the petitioner till verification of caste claim by the Scrutiny Committee. 2. Considering the limited relief prayed for by the petitioner in the present writ petition, the writ petition is to be decided at the stage of admission itself. 3. Rule. Rule made returnable forthwith. 4. As stated earlier that considering the limited relief prayed for by the petitioner in the present writ petition, it is not necessary to deal in detail with the facts of the present writ petition. It is not under dispute that the present petitioner is in the service of second respondent since the year 1989. All of a sudden, notice was served upon him and others on 10/08/2009 directing him to produce the caste validity certificate till 14/08/2009, failing which his services will be terminated. When the writ petition came up for hearing on the board, it is informed by learned counsel appearing for respondent no.2 Shri.Bondar that on 09/09/2009, the claim of the petitioner is submitted for verification. In the light of this, the impugned order dated 10/08/2009 is liable to be quashed and set aside. Accordingly 3 we quash and set aside the impugned order and direct the 3rd respondent to decide the caste verification claim of the petitioner expeditiously as early as possible. 5. For the expeditious hearing of the caste validity claim of the petitioner, we hereby direct the petitioner to appear before the Scrutiny Committee on 26/10/2009 and we further direct the Scrutiny Committee to decide the claim of the petitioner within the period of 6 months thereafter. During the pendancy of verification of caste claim of the petitioner, the second respondent not to terminate the service of the petitioner on the ground that petitioner failed to produce his caste validity certificate. 6. The writ petition thus succeeds. Rule is made absolute as indicated above. Writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5379-09