1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6501 OF 2010 1. Sahebrao S/o Marotirao Pokle, Age : 38 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. 2. Narendrakumar S/o Ramlu Chatalwar, Age : 37 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. 3. Bansi S/o Kachru Sakharwad, Age : 35 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. 4. Ramchandra S/o Gangaram Tumewad, Age : 35 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. 5. Ishwar S/o Kashiram Parodwar, Age : 35 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. 6. Ganpat S/o Mahadev Dahiwade, Age : 37 Years Occu. : Service, R/o Parli Vaijnath, Tq. Parli Vaijnath, District Beed. .. .. Petitioner 2 Versus 1. The State of Maharashtra, Through Secretary to Rural Development Department, Mantralaya, Mumbai. 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed. 3. The Scheduled Tribe Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri S. K. Kadam, A.G.P. for the Respondent No. 1. Shri P. P. Dama, Advocate for the Respondent No. 2. Shri R. P. Phatake, Standing Counsel for the Respondent No. 3. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 21ST JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 3 2. The petitioners claim to be belonging to Scheduled Tribe category, came to be appointed on various posts by the respondent No. 2/Zilla Parishad. The tribe claims of the petitioners are pending consideration with the respondent No. 3/Scrutiny Committee. During the pendency of the proceeding before the Committee, the petitioners were served with an order terminating their services. The aforesaid order of termination has been stayed by the Chief Executive Officer of Zilla Parishad. 3. According to us, since the claims are pending consideration with the respondent/Scrutiny Committee, it is extremely harsh that the petitioners' services are terminated for their failure to submit the validity certificate. In that light of the matter, therefore, we allow this petition and quash and set aside the termination orders and direct the petitioners to appear before the Committee on 23rd August, 2010 and further direct the Scrutiny Committee to decide the Tribe claims of the petitioners within one year of 23rd August, 2010. 4. In the mean while, during the pendency of proceedings before the Scrutiny Committee, no adverse action be taken against the petitioners for their failure to submit caste validity certificate. 4 5. Rule is made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10