1111wp4886.11.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4886 of 2011 (Premnath K. Ninawe .vs. State and Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 11/11/2011. Heard Mr.R.M.Pande, Adv. for the petitioner, Mr.S.J.Jichkar, A.G.P. for respondent nos. 1 to 3 and Mr.Kalpande, Adv. holding for Mr.N.W.Sambre, Adv. for respondent no.3. Counsel for the petitioner has submitted that the petitioner is serving in respondent no.1 department as a Sub- Divisional Officer. The petitioner was appointed from 'Halba' Scheduled Tribe category. The caste claim of petitioner along with the caste certificate as well as other relevant documents was already forwarded by the department to the Caste Scrutiny Committee on 5.8.1996; however, till this date, the Committee has not taken any final 1111wp4886.11.odt 2 decision in this regard and therefore, respondent no.1 has passed the impugned order since the petitioner failed to submit the Validity certificate as required under the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 holding that the promotion given to the petitioner was temporary subject to verification of caste claim of the petitioner. Counsel for the Caste Scrutiny Committee has submitted that the caste claim of the petitioner could not be verified for want of original caste certificate issued by the competent Authority and communication in this regard was already issued to the petitioner; however, in spite thereof, the original caste certificate has not placed by the petitioner before the Caste Scrutiny Committee. Counsel for the petitioner has submitted that the department of the 1111wp4886.11.odt 3 petitioner though forwarded the original caste certificate to the Caste Scrutiny Committee, however, in the circumstances of the case, without prejudice, the petitioner shall furnish copy of the original caste certificate to the respondent/Committee within a period of three weeks and it is prayed that direction be given to the Caste Scrutiny Committee to decide the caste claim of the petitioner within a stipulated period. On the backdrop of the above referred facts, we dispose of the petition with liberty to the petitioner to submit certified copy of the original caste certificate to the Caste Scrutiny Committee directly within a period of three weeks from today. On submission of such certificate, we direct the Caste Scrutiny Committee to verify the caste claim of petitioner in accordance with law and procedure applicable in this regard within a period of six months from the date of communication of this order. Parties are directed to maintain status-quo in the meantime, which is subject 1111wp4886.11.odt 4 to result of decision of the Caste Scrutiny Committee. JUDGE JUDGE jais