1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No.4864 of 2008 [Sau. Savita S. Dabekar Vs. The Committee for Scrutiny & Verification of Tribe Claims & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. I.N. Choudhari, Adv., for the petitioner. Mr. P.B. Patil, Adv., for the respondent no.1. Mr. G.G. Mishra, Adv., for respondent nos. 2 and 3. ----- CORAM : B.H. MARLAPALLE AND A.H. JOSHI,JJ. DATE : 18th December, 2008. 1. Heard Mr. Choudhari, the learned Counsel for the petitioner, who came to be appointed as an Asstt. Teacher in the Primary School of the Respondent No.2-Zilla Parishad as per the order dated 25th July, 1997, against a post reserved for Scheduled Tribe, on the basis of the Caste Certificate issued by the Sub- Divisional Officer, Jalgaon [Jamod]. 2. The petitioner further claims that she had submitted all the documents in support of her tribe claim to the Block Development Officer, Panchayat Samiti, Khamgaon, who, in 2 turn, vide letter dated 1st January, 2005, forwarded those documents for the scrutiny of petitioner's tribe claim to the Divisional Social Welfare Officer and Secretary, Caste Scrutiny Committee, Nagpur Road, Amravati. The petitioner's caste claim has not been verified as yet and, therefore, the Zilla Parishad, by the impugned order dated 24th October, 2008, removed her from service, on the ground that the Caste Validity Certificate was not submitted despite the Show-cause-Notices. 3. Mr. Mishra, the learned Counsel appearing for the Zilla Parishad, also states that as per its record, the petitioner did not submit any documents so as to refer her tribe claim to the Committee, for verification. 4. We are not impressed by this submission, and in any case, the petitioner has placed on record the Validity Certificates issued in favour of her three brothers, namely [1] Rajesh Arjun Pawar, [2] Ravindra Arjun Pawar, and [3] Sanjay Arjun Pawar. These Validity Certificates pertain to “Pardhi”, Scheduled Tribe, and the Certificates in respect of Ravindra Arjun Pawar and Sanjay Arjun Pawar are post-Supreme Court decision in Madhuri Patil's case. These Certificates must be accepted to protect the petitioner's employment during the pendency of the verification proceedings. 3 5. Hence we direct Respondent No.1- Committee to decide the tribe's verification application of the petitioner within a period of six months from the date of her appearance before the Committee, and the petitioner shall appear before the Committee on 5th January, 2009. The petitioner undertakes before us that she will not seek any adjournment from the Committee, and will appear on the dates fixed by the Committee. 6. On the basis of the Validity Certificates submitted in respect of petitioner's two brothers, we set aside the impugned termination order and make it clear that in case the petitioner fails before the Scrutiny Committee, the Zilla Parishad may proceed against the petitioner as per the rules. Judge Judge |Hedau| 4