WP 11191/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.11191/2010 Chandrakant Trimbakappa Kolle V/s Mahatma Phule Krishi Vidyapeeth, Rahuri & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.B. Gastagar, Advocate for petitioner. Shri M.N. Navandar, Advocate for respondent no.1. Shri D.R. Irale Patil, Advocate for respondent no.2. Smt.A.V. Gondhalekar, AGP for respondent no.3. Respondent no.4 served. CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. Date: 15.06.2011 Heard learned counsel for the respective parties. In this writ petition, the petitioner is seeking the following relief: “To issue a writ of mandamus or any other appropriate writ, order like in nature to direct the respondent No.1 to 3 to take action against the respondent no.4 U/sec.10 & 11 of Maharashtra Scheduled Caste, Scheduled WP 11191/10 2 Tribe, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.” There is no dispute that so far as action under Section 10, which the petitioner has prayed for, has already been taken by respondent no.1 - University and, therefore, that part of the prayer stands satisfied. Respondent no.1 has terminated the service of respondent no.4, which fact has not been disputed by the petitioner. Insofar as the prayer for seeking action against respondent no.4 u/s 11 is concerned, it is open to the petitioner to approach the concerned scrutiny committee as provided for under of Section 11 of the Act. It appears that the petitioner has already made representation dated 20.8.2010 (Exhibit D to the petition) seeking action u/s 11 against respondent no.4. The concerned scrutiny committee is not party to the writ petition. WP 11191/10 3 Keeping that in view and considering the provisions of Section 11 of the Act and that the petitioner’s application dated 20.8.2010 is pending before the scrutiny committee, we are satisfied that this writ petition can be conveniently disposed of by the following order. The scrutiny committee, before whom the petitioner’s application dated 20.8.2010 is pending, shall consider the same as expeditiously as possible and preferably within a period of six months from the date of receipt of this order, on merits in accordance with law. It is open to the petitioner to approach the scrutiny committee alongwith copy of this order and copy of his application dated 20.8.2010 within a period of three weeks from today. It is made clear that the scrutiny committee shall consider the petitioner’s application dated 20.8.2010 insofar as his request for action u/s 11 of the Act is concerned. It is also open to the scrutiny committee to grant opportunity to the WP 11191/10 4 petitioner and respondent no.4. While passing this order, we shall not be understood to have examined merits of the case. With these observations, the writ petition is disposed of. (S.B. Deshmukh, J.) (D.B. Bhosale, J.) Dt/- 15.06.2011 ndk/c156119