1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6123 OF 2010 Ayub khan s/o Shamsher khan, Age : 39 years, Occ. Service, R/o Beed, Tq. & Dist. Beed ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Rural Development Department, Mantralaya, Mumbai 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed 3. The Schedule Tribe Certificate Verification Committee, Aurangabad through it's Deputy Director (R), Aurangabad ..RESPONDENTS Mr S.M. Vibhute, Advocate for the petitioner; Mr S.K. Kadam, A.G.P. for respondent no.1; Mr P.P. Dama, Advocate for respondent no.2; Mr U.S. Malte, Advocate for respondent no.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July, 2010 ORAL JUDGMENT [ PER P.V. HARDAS , J ] 2 Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. This petition takes exception to the communication dated 12.5.2010 issued by the respondents, calling upon the petitioner to submit the validity certificate, failing which the services of the petitioner would be terminated. 3. The petitioner, who claims to be belonging to "Tadavi" which is recognised as a Scheduled Tribe, came to be appointed as a Health Worker against a seat which was reserved for Scheduled Tribe category candidates. The certificate of the petitioner is pending consideration with the Scrutiny Committee and the claim of the petitioner as belonging to "Tadavi" - Scheduled Tribe has not been adjudicated so far. 4. In that light of the matter, therefore, we are inclined to allow this petition and quash the impugned order. 5. Accordingly, we allow this petition, quash and set aside the impugned orders and direct the respondent Zilla Parishad not to take any adverse action against the petitioner during the pendency of his claim before the Scrutiny Committee. We further 3 direct the petitioner to appear before the Scrutiny Committee on 3rd August, 2010 and direct the Committee to decide the caste claim of the petitioner within seven months of 3rd August, 2010. 5. Rule is thus made absolute on the above terms with no order as to costs. ( N.D. DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE amj/wp6123.10