1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8192 OF 2010 Pralhad S/o Daduji Khandare Age 54 years, Occ-Service R/o C/o Vishnupuri Project Division No.2 Nanded. .. PETITIONER VERSUS 1] The State of Maharashtra Through : Secretary, Irrigation (Jal Sampada) Department Mantralaya, Mumbai 32 (Copy to be served on the Govt.Pleader High Court of Judicature Bombay Aurangabad Bench). 2] The Chairman, Scheduled Caste Certificate Scrutiny Committee Maharashtra State, Aurangabad. 3] The Executive Director Godawari Marathwada Irrigation Development Corporation, Sinchan Bhavan, Aurangabad. 4] The Executive Engineer, Upper Penganga Project 2 Division No.1, Nanded. .. RESPONDENTS .... Shri K.B.Jadhav,Advocate for the petitioner. Shri K.M.Suryawanshi,AGP for the respondent 1 . Shri S.D.Dhange,for Respondent no.3. Shri S.D.Dhongade,Adv.for R.4. .... CORAM : B.R.GAVAI & A.A.SAYED,JJ. DATE : 27TH SEPTEMBER, 2010. ORAL JUDGMENT [PER GAVAI,J.] : 1] Rule. Rule made returnable forthwith. Heard counsel for respective parties. By consent of parties, Petition is heard finally at admission stage. 2] The petitioner has approached this Court for a writ of mandamus to the respondent no.2 directing to decide caste claim of the petitioner. Petitioner has also challenged order dated 30/4/2010 thereby reverting the petitioner to the post of Sectional Engineer from the post of Sub Divisional Engineer. 3 3] It is the contention of the petitioner that the claims of his son and daughter of belonging to Scheduled Tribe have already been validated by the committee. 4] The reversion order challenged in the Petition is issued on the ground that the validity certificate has not been produced by the petitioner. 5] In this view of the matter, we dispose of the petition on the following terms : I] Respondent no.2 Committee is directed to decide the claim of the petitioner of belonging to Scheduled Caste within a period of 3 months from today. Petitioner shall appear before the said Committee on 11 th October 2010 and as such, 4 requirement of formal notice shall stand waived. II] In the event petitioner succeeds in getting validity certificate, respondent no.1 shall restore the position of Sub Division Engineer to the petitioner in accordance with roaster position. 6] With these directions, Petition is disposed of. Rule made absolute accordingly. No order as to costs. (A.A.SAYED) (B.R.GAVAI) JUDGE JUDGE umg/wp8192-10