233wp1435.11.odt 1 . IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 1435 of 2011 (Anand D. Kumbhare .vs. Joint Director, Vocational Education and Training and anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.K.S.Narwade, Adv. for petitioner. Mrs.R.A.Deshpande, AGP for Reps. 1 & 2. Coram: D. D. Sinha and A. P. Bhangale, JJ. Date : 23/03/2011. CIVIL APPLICATION NO.787 OF 2011 Heard Mr.K.S.Narwade, Adv. for the petitioner and Mrs.R.A.Deshpande, Assistant Government Pleader for respondent nos. 1 and 2. This is an application moved by the petitioner/applicant for dispensing with filing of English translation of Annexure-H. Counsel for the applicant undertakes to file English translation, if necessary, at the time of hearing. In the circumstances, the application is allowed. 233wp1435.11.odt 2 . WRIT PETITION NO.1435 OF 2011 Heard. Mr.A.D.Thakare, Adv. waives notice on behalf of respondent no.3. In the instant petition, the grievance of the petitioner is in respect of notice dt. 11.3.2011 issued by respondent no.1 whereby the petitioner is informed that though he has secured job from the reserved category, he has failed to submit validity certificate till this date and therefore, the petitioner has been asked to submit Validity Certificate forthwith, failing which, appropriate action, within a period of ten days from the date of impugned notice, shall be taken. Counsel for the petitioner has submitted that the caste claim of the petitioner was referred to the Caste Scrutiny Committee for verification in the year 1998. The Committee has invalidated the caste claim of the petitioner vide order dt. 24.11.2004. The petitioner challenged validity of the said order by filing Writ Petition No.3630 of 2005 which was disposed of by this Court vide order dt. 25.8.2009 by quashing the order of Caste Scrutiny Committee and the matter was remanded back to the Caste Scrutiny Committee for considering the caste claim of 233wp1435.11.odt 3 . the petitioner afresh in accordance with law on or before 31.5.2010. The learned Counsel for the petitioner has submitted that, in spite of said direction issued by this Court, the Caste Scrutiny Committee has failed to take a decision afresh within the stipulated period and it is, therefore, virtually impossible for the petitioner to produce the Validity Certificate as demanded by the respondent vide impugned notice dt. 11.3.2011. Hence, the present petition. Counsel for the petitioner has prayed that the effect and operation of the impugned notice may be stayed till the caste claim of the petitioner is decided by the Caste Scrutiny Committee. The above referred facts are not disputed by the respondent. It is evident that the caste claim of the petitioner is pending for verification since 2009. The Committee was directed by this Court earlier to decide the caste claim of the petitioner on or before 31.5.2010. But, in spite of the said direction, the Committee has failed to decide the caste claim of the petitioner. It is, therefore, apparent that the petitioner is not at fault and is also not in a position to submit Validity Certificate as demanded by the respondent 233wp1435.11.odt 4 . since the verification proceedings are pending as on today. In view of these peculiar facts and circumstances, we quash and set aside the impugned notice dt.11.3.2011. Counsel for the Caste Scrutiny Committee has submitted that the caste claim of the petitioner shall be decided on or before 9th June, 2011 according to law. If the caste claim of the petitioner is invalidated, it will be open for respondent no.1 to take appropriate action against the petitioner according to law. With these observations and directions, the petition is disposed of. JUDGE JUDGE jais