1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6213 OF 2010 Mohammad Aref s/o Abdul Aziz, Age 42 years, Occu.Service as Clerk, R/o Near Madina Masjid, Malikpura, Parli Vaijnath, Taluka Parali Vaijnath, District Beed .. PETITIONER VERSUS 1. The Secretary, General Administration Department, Mantralaya, Mumbai 2. Chief Executive Officer, Zilla Parishad, Beed 3. Member, Caste Verification Committee for Scheduled Tribe, Aurangabad Region, Aurangabad .. RESPONDENTS Mr.S.R.Choukidar, Advocate for petitioner Mr.S.K.Tambe, Assistant Govt.Pleader for respondent No.1 Mr.N.L.Jadhav, Advocate for respondent No.2 Mr.R.P.Phatke, Advocate for respondent No.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 14th 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 impugns the communication dated 14.5.2010 issued by the respondent – Zilla Parishad informing the petitioner to submit the validity certificate within a particular time; failing which his services were likely to be terminated. Undisputedly, the petitioner came to be appointed on a seat reserved for Scheduled Tribe category candidate. The employment was given to the petitioner on the strength of his caste certificate and his certificate has been referred to the scrutiny committee for verification. Since the proceedings for verification of his caste certificate are pending before the Scrutiny Committee, the petitioner is unable to submit the validity certificate. Obviously, for the delay which has arisen in the decision of the Scrutiny Committee, the petitioner cannot be faulted. In that light of the matter, therefore, we are inclined to allow this petition and accordingly, we allow this petition, quash and set aside the impugned communication and direct the petitioner to appear before the Scrutiny Committee on 5th August 2010 and further direct the Committee to decide their caste claims within one year of 5th August 2010. During the pendency of the proceedings before the Scrutiny Committee, the respondent – Zilla Parishad shall not take any steps for terminating the services of the petitioner on the sole ground that the petitioner has not submitted his validity certificate. 3 Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6213.10wp)