1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No. 4896 of 2010 Prashant v. The EO and ors -------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's Orders. Mr A.P. Thakare, Adv for petitioner Mr A. Y. Kapgate, Advocate for respondent no. 1 Respondents 2 & 3 served Mr A.S. Fulzele, AGP for respdt no. 4 Coram: D. D. Sinha and A. P. Bhangale, JJ Dated : 11th January 2011 1. Heard learned counsel for the petitioner. Learned counsel for the petitioner seeks oral permission to amend cause title of the petition in order to implead the Divisional Caste Scrutiny Committee, Nagpur as party-respondent. Amendment sought being formal in nature, the same is granted. Appropriate amendment be carried out forthwith. Mr A. S. Fulzele, learned AGP waives notice for added respondent no. 4. 2. Heard learned counsel for the respective parties. 3. Writ Petition is directed against the order dated 5.5.2010 issued by the Education Officer, Zilla Parishad, Gondia (respondent no. 1) whereby proposal in respect of the petitioner for grant of approval could not be considered for want of 2 confidential reports of the petitioner for the concerned period as well as due to failure on the part of the petitioner to submit caste validity certificate. It is also brought to our notice that the proposal of the petitioner for grant of approval was remitted back to the management for sending the confidential reports of the petitioner for the concerned period. 4. Learned counsel for the petitioner submits that caste claim of the petitioner has been referred by the management to the Divisional Caste Scrutiny Committee, newly added respondent and the same is still pending decision. It is prayed that appropriate direction be given to the Divisional Caste Scrutiny Committee to decide the caste claim of the petitioner within a stipulated period. 5. Considered the contentions canvassed by the rival parties and perused the impugned order. Perusal of the impugned order shows that proposal of the petitioner for grant of approval has been kept in abeyance for want of validity certificate to be submitted by the petitioner as well as confidential reports to be submitted by the management. Since the caste claim of the petitioner is pending before the Divisional Caste Scrutiny Committee, we direct respondent no. 4 Committee to decide the caste claim of the petitioner in accordance with law and procedure applicable in this regard as early as possible and at any rate, within three months from the communication of this order. 6. Similarly, respondents no. 2 and 3, even otherwise, 3 are required to submit confidential reports of the petitioner for the concerned period in view of the impugned order dated 5.5.2010 passed by the Education Officer. We expect the management to do so accordingly. With these directions, writ petition stands disposed of. Needless to mention that the management shall pay salary due, payable and applicable to the petitioner for the period for which the petitioner has served/is serving in the School as Shikshan Sevak. JUDGE JUDGE joshi