FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7697 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned Counsel for the parties. 2 Rule, returnable forthwith. The learned Counsel for the respondents waive notice. By consent of the parties, taken up for hearing. 3 By this petition under Article 226 of the Constitution of India, the petitioner prays for the following reliefs: "A Writ petition may kindly be allowed; B By issuing Writ of mandamus of any other appropriate writ, or order in the like nature, to direct respondent NO.2 to issue (Provisional) appointment order on the post of Krishi Sevak to petitioner as per selection letter dated 28.10.2009, subject to decision of Caste/Tribe Validity Certificate of petitioner belongs to Koli Mahadeo Scheduled Tribe; C By issuing writ of mandamus or any other appropriate writ, order in the like nature to direct the respondent No. 3 to decide Tribe Claim of petitioner within a period of 6 months by following guidelines of Hon'ble Apex Court in case of Kum. Madhuri Patil and Maharashtra Schedule Caste, Schedule Tribe, De-notified Tribes (Vimukta Jate), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and Rules, 2003. D Pending hearing and final disposal of the writ petition to direct respondent No.2 to issue provisional appointment order in favour petitioner on the post of Krishi Sevak in pursuance to the selection letter dated 28.10.2009. E Any other appropriate and equitable relief may kindly be granted in favour of the petitioner." 4 There is no dispute that the petitioner has submitted proposal to the Caste Scrutiny Committee to decide the tribe claim by the petitioner, keeping in mind the settled legal position. That proposal / application is still pending. In the mean time, the petitioner has already been selected to the post of Krishi Sevak and letter of selection has been issued on 20th October, 2009 subject to caste / tribe validity certificate belonging to Koli Mahadeo scheduled tribe. 5 Accordingly, the only course open in the given situation is to direct to the Caste Scrutiny Committee to forthwith decide the caste claim of the petitioner and in any case, not later than three months from today. We hope and trust that the Caste Scrutiny Committee shall decide the caste claim of the petitioner, in accordance with law. All questions in that behalf are left open. Till the caste claim of the petitioner is decided, the respondent No.2 may consider the request of the petitioner to appoint him on provisional basis subject to the outcome of the proceedings pending before the Caste Scrutiny Committee. It will be open to the respondent No.2 to consider the representation of the petitioner subject to eligibility of the petitioner in that behalf and of course, subject to the availability of vacancy against which the appointment can be made. Petition made absolute on the above terms. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) 03.02.2010. PLK/*