(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7541 OF 2010 Sarvoday Bahu-uddeshiya Shikshan Prasarak Sanstha, Fekri, Taluka : Bhusawal, District : Jalgaon, through its Chairman, Smt. Sangita Ramkrishna Patil, Age : 38 years, Occupation : Household, R/o. Fekri, Taluka : Bhusawal, District : Jalgaon. .. Petitioner. versus 1. The State of Maharashtra, Through its Principal Secretary, Social Welfare Department, Mantralaya, Mumbai-32. 2. The District Collector, Jalgaon, District : Jalgaon. 3. The Tahsildar, Bhusawal, Taluka : Bhusawal, District : Jalgaon. 4. The Member Secretary, Divisional Caste Certificate Scrutiny Committee, Nashik Division, Nashik-2, Head Office at Dhule, District : Dhule. (2) 5. Sau. Archana Baban Yawalkar, Age : Major, Occupation : Service, R/o. Khandala, Taluka : Bhusawal, District : Jalgaon. .. Respondents. ....................... Mr. Vinod P. Patil, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent nos. 1 to 4. ........................ CORAM : B.R. GAVAI & K.U. CHANDIWAL, JJ. DATE : 20TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The learned Assistant Government Pleader waives service of notice, upon rule, on behalf of respondent nos.1 to 4. 3. Since no order, prejudicial to the interest of (3) respondent no.5, is being passed, the requirement of notice, upon rule, is waived. 4. The limited grievance raised in the petition is that though the proposal for validating the caste claim of respondent no.5 is submitted by the petitioner on 6th April 2010, the same is not yet decided by the respondent no.4 / Scrutiny Committee. It is the grievance of the petitioner, that on account of non-decision of caste claim of respondent no.5, the petitioner / Society is not in a position to decide the roster position. 5. We find that the prayer made in the petition is innocuous one. In that view of the matter, the petition deserves to be allowed. 6. In the result, the petition is allowed. The respondent no.4 / Scrutiny Committee is directed to decide the caste claim of respondent no.5, in pursuance to the proposal dated 6th April 2010, submitted by the petitioner, on its own merits, within a period of three months from today. Needless to state, that the respondent no.4 / Scrutiny Committee shall give sufficient opportunity of hearing to the respondent no. 5 before deciding the caste claim. (4) 7. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( K.U. CHANDIWAL ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7541