1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5385 OF 2009 Bhaskar S/o.Atmaram Salunkhe, Age-43 years, Occu-Assistant Teacher, R/o.Georai (Marda), Tq.Paithan, Dist.Aurangabad PETITIONER VERSUS 1. The State of Maharashtra, Through the Social Welfare Department Mantralaya, Mumbai, 2. Divisional Caste Certificate Scrutiny Committee of SC, OBC, and VJ NT at Nashik Division, Nashik RESPONDENTS Mr.S.S.Dhapate, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondents. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 18/08/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2 2. This is a petition under Article 226 of The Constitution of India, by which the petitioner prays for issuance of a writ directing respondent no.2 Caste Scrutiny Committee to accept the proposal in respect of the petitioner for verification of his caste claim and to decide the said claim within a stipulated period. 3. Undisputedly, the services of the petitioner came to be terminated on account of the fact that though the petitioner was appointed on a seat which was reserved for OBC category, the validity certificate had not been produced. The petitioner therefore challenged the termination before the Divisional Social Welfare Officer, Aurangabad in appeal no.2/2008. The appeal filed by the petitioner came to be allowed by the order of the Divisional Social Welfare Officer, Aurangabad by judgment dated 23/12/2008 and directed the petitioner to get his caste claim verified within 3 months and submit a certificate to that effect. The petitioner challenged the order of the Divisional Social Welfare Officer before the Learned Single Judge of this Court in Writ Petition No.1424/2009. The Learned Single Judge of this Court has, according to the petitioner, stayed the said order in so far as put a time-limit of 3 months on the petitioner for producing the caste validity certificate. According to the petitioner, the caste claim of the petitioner was forwarded by the Head Master to respondent no.2 Committee for verification, but the respondent no.2 Committee has refused to accept the caste claim of the petitioner. In the light of the limited relief which the petitioner has prayed for in this writ petition, we do not consider it necessary to 3 issue any notice to respondent no.2 Committee as no relief as such is claimed against the Committee. We therefore allow this petition and direct the respondent no.2 Scrutiny Committee to accept the caste claim of the petitioner for verification if not accepted. The petitioner shall appear before the respondent no.2 Committee on 04/09/2009 and tender the proposal submitted by the Head Master for verification of the caste claim of the petitioner. The respondent no.2 Committee shall accept the said proposal and proceed in accordance with Law and shall expeditiously decide the caste claim of the petitioner as possible and in any case later than 8 months from 04/09/2009. 4. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5385-09