1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.3991 OF 2009 (Vinod Mahadeo Surpam vs. State and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND F.M.REIS, JJ. DATED : NOVEMBER 25, 2009 Heard Shri Khubalkar, learned Counsel for the petitioner, Shri Sambre, learned Counsel for the respondent no.2, and Shri Naik, learned Counsel for the respondent nos. 3 and 4, Shri Khubalkar, learned Counsel for the petitioner, states that petition is directed against the communication dated 5.8.2009 issued by the respondent no.4 Education Officer (Primary) whereby petitioner is directed to produce caste validity certificate within a period of seven days from the date of receipt of communication as he is appointed as Assistant Teacher from Scheduled 2 Tribe (Gond) category, failing which service of the petitioner would be terminated. It is contended that caste claim of the petitioner is pending for verification with the respondent Caste Scrutiny Committee and, therefore, petitioner at this stage is unable to submit the caste validity certificate. It is further submitted that issue involved in the present petition is identical to one involved in Writ Petition No. 4201/2009, which was disposed of by this Court vide order dated 4.11.2009. It is prayed that petition may be disposed of in terms of the said order. The learned Counsel for the respondents do not dispute the factual and legal aspects of the matter including the fact that the present petition is covered by the above referred order passed by this Court. In the backdrop of the above referred order, the petition is disposed of with direction to the respondent Caste Scrutiny Committee to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard within six months from the date of communication of this order. The respondent Zilla Parishad is directed not 3 to disturb service of the petitioner till decision is taken by the Caste Scrutiny Committee. The service of the petitioner shall be subject to result of the decision of the Caste Scrutiny Committee. The petitioner to appear before the Caste Scrutiny Committee at 10 A.M. on 15/12/2009. JUDGE JUDGE khj