1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.5887 OF 2010 Tukaram s/o Shivram Devale, Age 37 years, Occu.Service, R/o Khadki, Taluka Wadwani, District Beed ..PETITIONER 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 Mr.P.V.Jadhavar, Advocate for petitioner Mrs.A.V.Gondhalekar, Assistant Govt.Pleader for respondent No.1 Mr.K.B.Jadhavar, Advocate for respondent No.2 Mr.P.S.Patil, Advocate for respondent No.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 6th 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 2. By this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ for quashing and setting aside the communication dated 14.5.2010 issued by respondent No.2. 3. The petitioner, who claims to be belonging to Koli Mahadev – Scheduled Tribe, came to be appointed as an Assistant Teacher by the second respondent, i.e. the Chief Executive Officer, Zilla Parishad, Beed on a post, which was reserved for Scheduled Tribe category candidates. The certificate of the petitioner, issued by the competent authority, came to be referred to the Scrutiny Committee for verification. Meanwhile, during the pendency of the proceedings before the Scrutiny Committee, the petitioner came to be issued with a communication dated 14.5.2010 terminating the services of the petitioner. The aforesaid communication order came to be stayed by the respondent No.2 for a period of two months by virtue of the communication/order dated 29.5.2010. The petitioner thus is in service of the respondent. 4. Since the proceedings are pending before the scrutiny committee, we allow this petition and quash and set aside the impugned communication issued to the petitioner terminating his services and direct the respondents not to take any adverse 3 action against the petitioner during the pendency of the proceedings before the scrutiny committee. We further direct the scrutiny committee to decide the pending tribe claim of the petitioner within one year from the receipt of the writ of this Court. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/5887.10wp)