WP 6062/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.6062/2011 Arvind Shrirangrao Thakur V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri M.S. Deshmukh, Advocate h/f Shri S.S. Gangakhedkar, Advocate for petitioner. Smt.A.V. Gondhalekar, AGP for respondent nos.1 to 4. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 20.08.2011 Heard learned counsel for the parties. Rule. Rule made returnable forthwith and taken up for final disposal with the consent of learned counsel for the parties. The petitioner has approached this Court impugning the communication dated 18.7.2011 thereby directing the petitioner to submit the caste validity certificate on or before 21.8.2011. The petitioner is working as a Senior Clerk on the establishment of the WP 6062/11 2 respondent no.4. The petitioner’s appointment is against a post reserved for scheduled tribe since the petitioner claims to be belonging to scheduled tribe. The petitioner’s case has already been forwarded to the respondent no.2 – committee regarding his claim. However, it is not in the hands of the petitioner as to within how much time the respondent no.2 would decide the tribe claim of the petitioner. In any case, on account of delay on the part of the respondent no.2, the petitioner cannot be penalized. In that view of the matter, Rule is made absolute by directing the respondent no.2 – committee to decide the tribe claim of the petitioner within a period of six months from today. It is further directed that no coercive action be taken against the petitioner till the decision of the respondent no.2 – committee and in the event the order passed by the respondent n.2 – committee is against the interest of the petitioner, no further action be WP 6062/11 3 taken for a further period of four weeks from th date of receipt of communication by the petitioner. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 20.08.2011 ndk/c2081136