wp11454.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 11454 OF 2010 Smt. Sangita d/o vitthal Nagtilak age 34 years, occ. service working as a Class IV First Grade Attendant in Zilla Parishad Near Janata Vidyalaya, Yedshi Tq. & Dist. Osmanabad. .. PETITIONER VERSUS 1 The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai 32. Through its Secretary 2 The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division Kashmira Bhavan, Station Road, Aurangabad. Through its Member Secretary 3 Zilla Parishad, Osmanabad Through its Chief Executive Officer. 4 The Medical Officer Primary Health Centre Pargaon, Tq. Washi Dist. Osmanabad. .. RESPONDENTS Mr. S.C. Yearmwar, advocate for the petitioner. Mr. K.G. Patil, AGP for the State. Mr. R.P. Phatke, advocate for respondent no. 2. Mr. K.J. Ghute Patil, advocate for respondent nos. 3 and 4. wp11454.10 2 ===== CORAM : B.R. GAVAI & R.M. BORDE, JJ. DATE : 20 th DECEMBER, 2010 ORAL JUDGMENT : ( PER R.M. BORDE, J.) 1 Rule. Rule made returnable forthwith. With the consent of the parties, petition is take up for final disposal at admission stage. 2 Petitioner claims to be belonging to ‘Thakar – Scheduled Tribe’ community and he is possessed caste certificate issued by the Executive Magistrate, Kallamb. The District Selection Committee held interviews for the post of District Service Class IV First Grade Attendant and the petitioner has been selected and is also appointed to the post of First Grade Attendant. Caste certificate issued in favour of the petitioner has been referred to respondent no. 2 – Committee for verification and it is stated that the claim in respect of validation of the certificate is pending consideration before the Committee. 3 Vide communication dt. 8-12-2010, the Chief Executive Officer, Zilla Parishad, Osmanabad informed the petitioner to submit validation wp11454.10 3 certificate immediately. It is also noted in the communication that three months limit prescribed for submission of validation certificate is already over and, in the event, the petitioner does not submit the validation certificate, he would have to face termination from the service. 4 In this view of the matter, we deem it appropriate to direct respondent no. 2 – Caste Scrutiny Committee to decide the pending claim in respect of validation of the certificate issued in favour of the petitioner certifying that he belongs to ‘Thakar – Scheduled Tribe’ community, within a period of six months from today. The petitioner shall cause appearance before the Committee on 14 th January, 2011 and as such no separate notice requiring presence of the petitioner before the Committee would be necessary. The Caste Scrutiny Committee, after extending an opportunity of hearing to the petitioner, shall proceed to decide the claim within stipulated period. 5 Learned counsel Mr. Ghute Patil appears for respondent nos. 3 and 4. Respondent nos. 3 and 4 are directed not to take any adverse action, in pursuance to the communication issued by respondent no. 3o n 8-12-2010, until finalisation of the validation claim of the petitioner, pending before wp11454.10 4 respondent no. 2. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs. ( R. M. BORDE ) ( B. R. GAVAI ) JUDGE JUDGE dyb