1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6207 OF 2010 1. Dhananjay s/o Haridas Tapse, Age 34 years, Occu.Service, R/o Deshmukh Takali, Tq.Parli (V), District Beed 2. Ram s/o Narayan Jadhav, Age 41 years, Occu.Service, R/o Primary School at Brahmanath Tanda, Centre-Chikhali, Tq. Wadwani, District Beed 3. Avinash s/o Bhagwanrao Kamble, Age 42 years, Occu.Service, R/o Majalgaon, Taluka Majalgaon, District Beed 4. Anita d/o Munjaji Landge, Age 34 years, Occu.Service, R/o Majalgaon, Tq. Majalgaon, District Beed 5. Kisan s/o Shankarrao Sunkawar, Age 42 years, Occu.Service, R/o Deola, Taluka Majalgaon, District Beed .. PETITIONERS 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 2 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th July 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 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 petitioners impugn the communications dated 14.5.2010 and 29.5.2010 issued by the respondent – Zilla Parishad informing the petitioners to submit the validity certificate within a particular time; failing which their services were likely to be terminated. Undisputedly, the petitioners came to be appointed on seats reserved for Scheduled Tribe category candidates. The employment was given to the petitioners on the strength of their caste certificates and their certificates have been referred to the scrutiny committee for verification. Since the proceedings for verification of their caste certificates are pending before the Scrutiny Committee, the petitioners are unable to submit the validity certificates. Obviously, for the delay which has arisen in the decision of the Scrutiny Committee, the petitioners cannot be faulted. In that light of the matter, therefore, we are inclined to 3 allow this petition and accordingly, we allow this petition, quash and set aside the impugned communications and direct the petitioners to appear before the Scrutiny Committee on 5th August 2010 and further direct the Committee to decide their caste claims within one year of 5th August 2010. During the pendency of the proceedings before the Scrutiny Committee, the respondent – Zilla Parishad shall not take any steps for terminating the services of the petitioners on the sole ground that the petitioners have not submitted their validity certificates. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6207.10wp)