1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6312 OF 2010 Prakash s/o Sayanna Chatlod, Age : 24 Yrs, Occ. Service, R/o At Post Sagroli, Tq. Biloli, Dist. Nanded ..PETITIONER VERSUS 1. State of Maharashtra Through it Secretary Rural Development Department M.S. Mantralay, Mumbai 2. Schedule Tribe Certificate Scrutiny Committee Aurangabad Division, Aurangabad 3. Chief Executive Officer Z.P.Beed, Tq. & Dist. Beed ..RESPONDENTS Mr S.A. Nagargoje, Advocate for the petitioner; Mr S.K. Tambe, A.G.P. for respondent no.1; Mr P.S. Patil, Advocate for respondent no.2; Mr N.L. Jadhav, Advocate for respondent no.3. CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 16th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner came to be appointed on a seat which was reserved for Scheduled Tribe category candidates. By order dated 14.5.2010 the services of the petitioner came to be terminated on account of failure of the petitioner to submit the validity certificate. The certificate submitted by the petitioner has been forwarded to the respondent - Scrutiny Committee and the same is pending consideration with the respondent - Scrutiny Committee. The petitioner, however, is in employment despite the order of termination as respondent no.3 had stayed the order of termination for a period of two months by order dated 19.5.2010. 3. In the light of pendency of proceedings before the Scrutiny Committee, we allow this petition; quash and set aside the impugned order dated 14.5.2010 and direct the petitioner to appear before the respondent Scrutiny Committee on 23rd August, 2010 and direct the Committee to decide the caste/tribe claim of the petitioner within one year of 23rd August, 2010. In the meantime no adverse action be taken against the petitioner solely on the ground that the petitioner has not produced the 3 validity certificate. 4. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6312.10