(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 8412 OF 2010 Manisha d/o. Nandkumar Basangar, Age : 31 years, Occupation : Service, R/o. Sawargaon, Taluka : Georai, District : 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. (2) Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8414 of 2010 Dnyanoba s/o. Sakharam Ingole, Age : 47 years, Occupation : Service, R/o. Boghalwadi, Taluka : Georai, District : 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. (3) Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8415 of 2010 Datta s/o. Devidas Jawadwad, Age : 40 years, Occupation : Service, R/o. Ujani, Taluka : Ambajogai, District : 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... (4) Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8417 of 2010 Shrikishan s/o. Kondiba Chavan, Age : 50 years, Occupation : Service, R/o. Boghalwadi, Taluka : Georai, District : 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. (5) ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8418 of 2010 Keshav s/o. Ukundrao Kusre, Age : 42 years, Occupation : Service, R/o. Kendrewadi, Taluka : Ambajogai, District : 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. (6) ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8425 of 2010 Shakuntala d/o. Namdevrao Pawar, Age : 45 years, Occupation : Service, R/o. Matoshri Nagar, Behind District Prison, Beed, Taluka and District : 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. (7) 3. The Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH WRIT PETITION NO. 8432 of 2010 Mrs. Ushabai w/o. Bhalchandra Gaikawad, Age : 52 years, Occupation : Service, R/o. Pargaon Road, Patoda, Taluka : Patoda, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through Secretary of Rural Development, Mantralaya, Mumbai. (8) 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Verification Committee, Nasik, Through its Deputy Director [R], Nasik, District : Nasik. .. Respondents. .......................... Mr. R.D. Sanap, Advocate, for the petitioner Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. U.B. Bondar, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. .............................. WITH WRIT PETITION NO. 8437 of 2010 Daksha d/o. Dayaram Wankhede, Age : 23 years, Occupation : Service, R/o. Wadzari, Taluka : Patoda, District : Beed. .. Petitioner. versus (9) 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai- 32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Nashik, Through its Deputy Director (R), Nashik. .. Respondents. ........................... Mr. A.D. Aghav, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ............................ WITH WRIT PETITION NO. 8438 of 2010 Rajiv s/o. Gangaram Buchalwar, Age : 31 years, Occupation : Service, R/o. Harishchandra Pimpaltanda, Taluka : Wadwani, District : Beed. .. Petitioner. (10) 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH (11) WRIT PETITION NO. 8440 of 2010 Ramrao s/o. Trimbak Mantre, Age : 36 years, Occupation : Service, R/o. Wantakali, Taluka : Parli (V), District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. (12) Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... WITH WRIT PETITION NO. 8441 of 2010 Bittu s/o. Govind Patange, Age : 40 years, Occupation : Service, R/o. Umari, Taluka : Dharur, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. (13) Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... WITH WRIT PETITION NO. 8442 of 2010 Ramesh s/o. Ashruba Mane, Age : 40 years, Occupation : Service, R/o. Kuppa, Taluka : Wadwani, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. (14) ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... WITH WRIT PETITION NO. 8443 of 2010 Subhash s/o. Bhivraji Pune, Age : 38 years, Occupation : Service, R/o. Parli (V), Taluka : Parli (V), District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. (15) 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... WITH WRIT PETITION NO. 8444 of 2010 Keshav s/o. Kondiba Dahiwade, Age : 45 years, Occupation : Service, R/o. Wantakali, Taluka : Parli (V), District : Beed. .. Petitioner. versus (16) 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... WITH WRIT PETITION NO. 8445 of 2010 Shankar s/o. Bhagwat Surewad, Age : 38 years, Occupation : Service, R/o. Pardi, Taluka : Wadwani, District : Beed. .. Petitioner. (17) 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 Scheduled Tribe Certificate Verification Committee, Aurangabad, through its Deputy Director [R], Aurangabad, Dist. Aurangabad. .. Respondents. ....................... Mr. S.M. Vibhute, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. P.P. Dama, Advocate, for respondent no.2. Mr. R.P. Phatke, Advocate, for respondent no.3. ........................ WITH (18) WRIT PETITION NO. 8601 of 2010 Rama s/o. Annarao Mane, Age : 49 years, Occupation : Service, R/o. Telgaon, Taluka : Majalgaon, District : Beed. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Education Department (Primary), Mantralaya, Mumbai-32. 2. The Chief Executive Officer, Zilla Parishad, Beed, District : Beed. 3. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Aurangabad, Through its Deputy Director (R), Aurangabad. .. Respondents. ............................ Mr. Pratap V. Jadhavar, Advocate, for the petitioner. Mr. V.D. Godbharle, Assistant Government Pleader, for respondent no.1. Mr. K.B. Jadhavar, Advocate, for respondent no.2. (19) Mr. R.P. Phatke, Advocate, for respondent no.3. ............................... CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 25TH OCTOBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The limited grievance raised by the petitioners is that in pursuance to the appointment of the petitioners, on different posts on the establishment of respondent no.2 / Zilla Parishad, though the petitioners have already submitted relevant documents to the respondent no.2 / Zilla Parishad, regarding their claim of belonging to reserved category, and though in some of the cases, the same is forwarded to the respondent no.3 / Scrutiny Committee, the services of the petitioners are sought to be terminated on the ground that the petitioners have not submitted the validity certificates. 3. We find that since the petitioners have already submitted relevant documents to the respondent no.2 / Zilla Parishad and in some of the cases, the respondent no.2 has (20) already forwarded the same to the respondent no.3, the termination of the petitioners' services, on the ground that the petitioners have not submitted validity certificates, would not be justifiable in law. The petitioners cannot be penalized for the delay on the part of respondent no.3. In that view of the matter, the petitions deserve to be allowed. 4. In the result, the petitions are allowed. (i) The respondent no.3 / Scrutiny Committee is directed to decide the caste (tribe) claim of the petitioners, in accordance with law and on its own merits, within a period of one year from today, after giving reasonable opportunity of hearing to the petitioners. (ii) The petitioners shall appear before the respondent no.3 / Scrutiny Committee on 20th December 2010 and, as such, the requirement of formal notice, by the Committee to the petitioners, shall stand waived. (iii) In such of the cases, wherein the respondent no.2 has not yet forwarded caste claim of the petitioners for verification to the respondent no.3 / Committee, the same shall be forwarded within a period of one month from today. (21) (iv) The services of the petitioners shall not be terminated on the ground of non-submission of caste (tribe) validity certificate, till the decision of the respondent no.3 / Committee, in the cases of respective petitioners and in the event, an order adverse to the interest of the petitioners is passed, then for a further period of four weeks from the date of receipt of communication by the respective petitioners. 5. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp8412etc