{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5510 OF 2009 Ashok Sakharam Manchalwad R/o Behind Mhaske Petrol Pump Beed By Pass Road, Aurangabad PETITIONER VERSUS 1. The State of Maharashtra Through its Secretary, Tribal Department, Mantralaya, Mumbai 2. The Chief Executive Officer, Zilla Parishad, Aurangabad 3. The Education Officer (Primary) Zilla Parishad, Aurangbad 4. The Scheduled Caste Certificate Scrutiny Committee, Aurangabad Division, Aurangabad through its Dy.Director RESPONDENTS ....... Mr.P.V.Jadhavar, Advocate for the petitioner Mr.V.B.Ghatage, AGP for respondent No.1. Mr.U.B.Bondar, Advocate for respondents No.2 and 3 Mr.R.P.Phatke, Advocate for respondent No.4 ....... [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 24th August 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : {2} 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. By this petition, under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the communication dated 10.08.2009 issued by respondent No.3 informing the petitioner to submit caste validity certificate before 14th August 2009 failing which the services of the petitioner were likely to be terminated. 3. In the light of limited relief, which the petitioner has sought for, we deem it appropriate to decide this petition finally at this stage. 4. We have heard Mr.Jadhavar, learned counsel for the petitioner, Mr.Ghatage, learned AGP for respondent No.1, Mr.Bomdar, learned counsel for respondents No.2 & 3 and Mr.Phatke, learned counsel for respondent No.2, who accept notice for the respective respondents. 5. The petitioner came to be appointed in the year 1993 on a post which was reserved for Scheduled Tribe candidate, as the petitioner claims to be belonging to Koli Mahadeo Scheduled Tribe. According to the respondents, the petitioner was asked, time and again, to get his tribe status referred to the Scrutiny Committee for verification. Since the petitioner had not taken any steps for referral of his tribe status to the Scrutiny Committee, the impugned order came to be passed. The petitioner, on receipt of the aforesaid order, applied to the respondents for grant of time for submitting caste claim before respondent No.4 Scrutiny {3} Committee. 6. Mr.Jadhavar, learned counsel for the petitioner, states on instructions that within two weeks from today the petitioner would refer his tribe status to respondent No.4 Scrutiny Committee for verification. In the light of that statement, therefore, we allow this petition and quash and set aside the impugned order. We direct the petitioner to take steps for referral of his tribe status to the respondent No.4 Committee within two weeks from today. On receipt of the said proposal of the petitioner, respondent No.4 Scrutiny Committee shall take steps for verification of the tribe status of the petitioner and complete the process within 6 months of the referral of the proposal of the petitioner. 7. In the meanwhile we direct the respondents not to take any adverse action of terminating the services of the petitioner solely on the ground that the petitioner has failed to produce validity certificate from respondent Scrutiny Committee. Further action, if any, is dependent upon the order of the Scrutiny Committee. 8. Rule is thus made absolute on the above terms with no order as to costs. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5510-09