WP/3891/2011 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3891 OF 2011 Gajanan Laxman Koli, Age 28 years, occ. Service as "Steno Typist" R/o Chunchale, Tq. Chopda, District Jalgaon at present Dagadi Dharan Mandal, Central Design Organization Nashi, Tq. Dindori, District Nashik. ..Petitioner Versus 1. The State of Maharashtra Through Secretary, Irrigation Department, Mantralaya, Mumbai. 2. The Superintending Engineer (Administration), Central Design Organization, Dagadi Dharan Mandal, Dindori Marg, Nashik. 3.The Chairman, Caste Scrutiny and Verification Committee, Nandurbar. ..Respondents ... Shri A.B.Kale, Advocate for petitioner Shri D.R.Korde, AGP for respondents 1 and 2 Shri Rajendra Phatake, Advocate for respondent 3 ... CORAM : D.B.BHOSALE & S.B.DESHMUKH, JJ. Dated : June 21, 2011 ORAL JUDGMENT : (Per D.B.BHOSALE, J.) - 1. Heard learned counsel for the parties. WP/3891/2011 2 2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final disposal. 3. The petitioner in this petition is seeking following reliefs :- "(C) By issuing wit of certiorari or any other appropriate writ, order or directions in the like nature, the impugned letter / notice dated 21.5.2011 issued by respondent No.2 which is at Exhibit - E may kindly be quashed and set aside. (D) By issuing writ of mandamus or any other appropriate writ, order or directions in the like nature, the respondents be directed not to take any adverse action against the petitioner till his Caste Claim is decided by the respondent no.3 Caste Scrutiny Committee." 4. The petitioner was appointed as a Steno-Typist by respondent No.2 vide appointment letter dated 2.2.2009. He was appointed on the post reserved for Scheduled Tribe. Therefore, his appointment was made subject to verification of his tribe claim within a period of six months and such condition was specifically mentioned in the appointment letter. Accordingly, the petitioner's tribe certificate was forwarded to respondent 3 - Scrutiny Committee on 12.2.2009 (Exhibit "D" to the petition). Till this date, the Scrutiny Committee has not considered the petitioner's tribe claim. In the circumstances, respondent 2 has issued the impugned letter dated 21.5.2011, whereby the petitioner has been directed to produce caste validity certificate within ten days. It was WP/3891/2011 3 further mentioned in the letter that if the validity certificate is not produced by the petitioner, his appointment would be cancelled. It is against this backdrop, the petitioner has approached this Court by way of instant Writ Petition. 5. Having considered the prayers made in the Writ Petition and over all facts and circumstances of the case, we are satisfied that following order shall meet the ends of justice. (A) Respondent 3 - Scrutiny Committee shall decide the petitioner's tribe claim as expeditiously as possible and preferably within a period of eight months from today. The petitioner is directed to appear before the concerned Scrutiny Committee on 4.7.2011 along with copy of this order and documents in support of his tribe claim. (B) Till the tribe claim of the petitioner is decided the impugned letter shall not be given effect to. (C) If the tribe claim of the petitioner is rejected, it will be open to respondent No.2 to take appropriate action / steps against the petitioner in pursuance thereof. If the decision of respondent 3 - Scrutiny Committee is adverse to the petitioner, same shall remain stayed for a period of WP/3891/2011 4 fifteen days from the date of its communication to the petitioner. 6. Rule is accordingly made absolute in terms of this order. No order as to costs. (S.B.DESHMUKH,J.) (D.B.BHOSALE,J,) ... akl