1 wp3915-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3915 OF 2011 Vasant Bhikaji Nikhare and ors. ..Petitioners Vs State of Maharashtra and ors. ..Respondents -- Mr.P.U.Sankusare, for petitioners. Mr.V.S.Gokhale, AGP for respondent nos.1 to 3. Mr.Mandar Limaye, for respondent no.4 - Thane Municipal Corporation. -- CORAM : MRS.MRIDULA BHATKAR & R.G.KETKAR, JJ. (Vacation Court) DATE : 13 th MAY, 2011 P.C: Not on board. Mentioned in view of the urgency. Hence, by consent of the parties, petition is taken taken on board. Rule. Mr.V.S.Gokhale, learned AGP for respondent nos.1 to 3 and Mr.Mandar Limaye, learned counsel for respondent no.4 - Thane Municipal Corporation waive service. By consent of the parties, Rule is made returnable forthwith and is heard finally. 2] Heard Mr.P.U.Sankusare, learned counsel for petitioners, Mr.V.S.Gokhale, learned AGP for respondent nos.1 to 3 and Mr.Mandar 2 wp3915-11.odt Limaye, learned counsel for respondent no.4 - Thane Municipal Corporation. 3] By this petition, the petitioners have challenged the communication dated 4 th May, 2011 addressed by the Deputy Municipal Commissioner (Head Office) of the fourth respondent Municipal Commissioner. By that communication, the petitioners are called upon to produce the cast validity certificate on or before 14 th May, 2011 failing which their services shall stand terminated w.e.f.15 th May, 2011. The learned counsel for the petitioners has submitted that the proceedings about the validity of the caste claim of the petitioners are pending before the second and third respondents Committees. He invited our attention to the order dated 11 th May, 2011 passed by this Court in Writ Petition No.3844 of 2011 wherein somewhat identical issue was involved. The learned AGP makes a statement that respondent nos.2 and 3 will decide the caste claim of the petitioners within eight weeks from today on their appearance before the Committees. 4] In view of this, we direct the petitioner nos.1 and 2 to appear before the second respondent Committee on 18 th May, 2011. The committee may hear the petitioner nos.1 and 2 on that day or may fix any other suitable date. The petitioner nos.1 and 2 shall extend co-operation in deciding their claims. The second respondent Committee shall decide the caste claim of petitioner nos.1 and 2 within eight weeks from 18 th May, 2011 by following due process of law and shall communicate its decision to the petitioner nos. 1 and 2 as also the fourth respondent Corporation. 3 wp3915-11.odt 5] We further direct the petitioner no.3 to appear before third respondent Committee on 18 th May, 2011. The committee may hear the petitioner no.3 on that day or may fix any other suitable date. The petitioner no.3 shall extend co-operation in deciding his claims. The third respondent Committee shall decide the caste claim of petitioner no.3 within eight weeks from 18 th May, 2011 by following due process of law and shall communicate its decision to the petitioner no.3 as also the fourth respondent Corporation. 6] In the result, the petition is allowed with the following directions:- i. The second respondent Committee is directed to decide the caste claim of petitioners no.1 and 2 within eight weeks from 18 th May, 2011 after giving reasonable opportunity of hearing to the petitioner nos.1 and 2. ii. The petitioner nos.1 and 2 shall appear before the second respondent Committee on 18 th May, 2011 and as such requirement of formal notice by the second respondent Committee to the petitioner nos.1 and 2 is dispensed with. iii. The third respondent is directed to decide the caste claim of the petitioner no.3 within a period of eight weeks from 18 th May, 2011 after giving reasonable opportunity of hearing to the petitioner no.3. iv. The petitioner no.3 shall appear before the third respondent Committee on 18 th May, 2011 and as such, requirement of 4 wp3915-11.odt formal notice by the third respondent Committee to the petitioner no.3 is dispensed with. v. The services of the petitioner nos.1 and 2 shall not be terminated on the ground of non submission of Caste Validity Certificates till the decision of the second respondent Committee and in case the order of the second respondent Committee is adverse to the petitioner no.1 and 2, then for a further period of four weeks from the date of communication of the said order to the petitioner nos.1 and 2. vi. The services of the petitioner no.3 shall not be terminated on the ground of non submission of Caste Validity Certificates till the decision of the third respondent Committee and in case the order of the third respondent Committee is adverse to the petitioner no.3, then for a further period of four weeks from the date of communication of the said order to the petitioner no.3. 7] Rule is made absolute in the aforesaid terms. There shall be no order as to the costs. [R.G.KETKAR, J.] [MRS.MRIDULA BHATKAR, J.]