{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5823 OF 2009 Kishor Shankar Lolapod R/o At-Saikhed, Post-Jarikot Tq-Dharmabad, Dist-Nanded PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Rural Development Department, Mantralaya, Mumbai 2. The Committee for Scrutiny & Verification of Tribe Claims Through its Dy. Director (Research) Aurangabad 3. The Zilla Parishad, Aurangabad Through its Chief Executive Officer RESPONDENTS ....... Mr.A.H.Kolarkar, Advocate for petitioner Mr.N.N.Jadhav, AGP for respondent No.1 Mr.R.P.Phatke, Advocate for respondent No.2 Mr.U.B.Bondar, Advocate for respondent No.3 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 2nd September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : {2} 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. We have heard Mr.Koralkar, learned counsel for petitioner, learned AGP for respondent No.1, Mr.Phatke for respondent No.2 and Mr.Bondar for respondent No.3. 3. By this petition, under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ for quashing and setting aside the impugned order dated 30.07.2009 by which the petitioner is informed to submit caste validity certificate within a particular time failing which the petitioner is likely to be terminated. The petitioner also prays for directing respondent No.3 to forward the tribe claim of the petitioner to respondent No.2. The petitioner has also prayed for directions to respondent No.2 to decide the tribe claim of the petitioner. 4. It appears that the petitioner, who claims to be belonging to Mannerwarlu Scheduled Tribe, came to be appointed on the post of Multi Purpose Worker (Health Department) on 21.10.2008. Thereafter, it appears that, caste certificate was not referred to the Scrutiny Committee for verification. In the light of that fact, we are inclined to allow this petition and quash and set aside the impugned order in so far as it relates to the impending {3} termination of the petitioner for his failure to produce validity certificate. We also direct respondent No.3 to forward the tribe claim of the petitioner to the second respondent, Scrutiny Committee within two weeks from today. We also direct the petitioner to appear before respondent No.2 Scrutiny Committee on 29th September 2009 and further direct the committee to decide the tribe claim of the petitioner within 6 months of 29.09.2009. Further action, if any, may be initiated against the petitioner after receipt of the order of the scrutiny committee. 5. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5823-09