2011wp3610.09.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3610 OF 2009 BHASKAR BHIMRAO DHAKATE VS. THE STATE OF MAH. & 4 OTHERS Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. H. D. Dubey, Advocate for the petitioner. Mr. C. N. Adgokar, A. G. P. for respondent No. 1. Mr. N. W. Sambre, Advocate for respondent No. 2. Mr. V. V. Naik, Advocate for respondents No. 3 & 4. CORAM: D. D. SINHA & F. M. REIS, JJ. DATED : 20th NOVEMBER, 2009. Heard. Counsel for the petitioner states that in the present writ petition the petitioner was selected as Assistant Teacher on 29/6/1995 from Scheduled Tribe (Halba) category. The petitioner has thereafter submitted caste certificate along with documentary evidence in support of the same to the Zilla Parishad on 10/12/2007 which were forwarded by the Zilla Parishad to the Caste Scrutiny Committee, for verification. Since then the caste claim of the petitioner is pending with the Committee, for verification. The Counsel for the petitioner submitted that by impugned communication dated 05/8/2009 the Zilla Parishad has 2011wp3610.09.odt 2/3 asked the petitioner to submit validity certificate within 7 days, failing which the services of the petitioner as Assistant Teacher would be terminated. Since the caste claim of the petitioner is pending for verification with the Caste Scrutiny Committee, it was not possible for the petitioner to submit the same, and therefore, the petitioner has approached this Court seeking necessary direction. Learned Counsel for the petitioner has submitted that direction be given to the Caste Scrutiny Committee to take a decision in respect of verification proceedings within the stipulated period, in accordance with law and also issue direction to the Zilla Parishad not to disturb the services of the petitioner, till then. It is further contended that in identical situation, this Court in writ petition No. 4201 of 2009 had given direction to the Zilla Parishad as well as the Caste Scrutiny Committee vide order dated 04/11/2009. Learned Counsel for the respondents do not dispute the factual aspect of the matter. In the backdrop of the above undisputed facts, we dispose of this writ petition with direction to the Caste Scrutiny Committee to decide the verification 2011wp3610.09.odt 3/3 proceedings within the period of six months from the date of communication of this order, in accordance with law and procedure applicable in this regard. In the meantime the Zilla Parishad, Yavatmal shall not disturb the services of the petitioner. Needless to mention that the services of the petitioner are subject to result of the decision of the Caste Scrutiny Committee. If the caste claim of the petitioner is invalidated, the Zilla Parishad, Yavatmal is free to take decision accordingly. The petitioner shall remain present before the Caste Scrutiny Committee, Amravati on 25/11/2009 at 11.00 a.m. With these observations and directions the writ petition is disposed of accordingly. JUDGE JUDGE wwl