1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5732 OF 2009 Ravi S/o.Eshwarlal Reddy, Age-29 years, Occu-Service, R/o.Behind Adarsh Mahilya Nagari Sahakari Bank, Kesarsingpur-Kokanwadi, Aurangabad, District : Aurangabad PETITIONER VERSUS 1. The State of Maharashtra, its Secretary, Rural Development Department, Mantralaya, Mumbai-32, 2. The Committee for Scrutiny and Verification of Tribe Claims, Through its Dy.Director (Reasearch), Aurangabad. 3. The Zilla Parishad, Aurangabad, through it’s Chief Executive Officer, Aurangabad RESPONDENTS Mr.A.H.Koralkar, learned counsel for the petitioner. Mr.N.N.Jadhav, learned AGP for respondent no.1. Mr.R.P.Phatke, learned counsel for respondent no.2 Mr.U.B.Bondar, learned counsel for respondent no.3 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2009 2 ORAL JUDGMENT : (Per A.V.Potdar, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By the present writ petition under Article 226 of The Constitution of India, the petitioner has prayed for issuance of directions to the 3rd respondent not to take any adverse action against the petitioner on the basis of non production of caste validity certificate till the caste validity claim is decided by the Committee, the respondent no.2. The petitioner has further prayed for issuance of directions to the 3rd respondent to decide the caste claim of the petitioner as expeditiously as possible within the stipulated time. 3. Considering the limited relief prayed for by the petitioner as stated in above paragraphs supra, we did not feel it necessary to deal in detail with the facts of the case which gave rise to file the present writ petition. Suffice to say that the petitioner was in the service of 3rd respondent since the month of December 2008 and notice was served upon him dated 10/08/2009 to produce the caste certificate till 14/08/2009, failing which his service will be terminated. It is stated across the bar by learned counsel Shri.Bondar appearing for 3rd respondent that on 13/08/2009, caste claim of the petitioner is forwarded for the verification. In the premise, the petitioner can not be faulted for non production of the caste validity certificate as 3 claimed by the 3rd respondent. 4. Considering the undisputed facts as stated in the above paragraphs supra, we are incline to quash and set aside the order dated 10/08/2009 issued by the 3rd respondent with directions to the 2nd respondent to decide the caste claim of the petitioner as expeditiously as possible. For expeditious decision by the Scrutiny Committee, we hereby direct the petitioner to appear before the Scrutiny Committee on 26/10/2009 and we further direct the Scrutiny Committee, the 2nd respondent to decide the caste claim of the petitioner within the period of 6 months thereafter. The 3rd respondent not to take any adverse action against the petitioner for non production of the caste validity certificate during the decision pending before the Scrutiny Committee. 5. The petition is thus succeeds. Rule is made absolute as indicated above. Writ petition stands disposed of with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5732-09