1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3703 OF 2010 Gopal S/o Deorao Changire } Age : 26 Years, Occ. Appointed as } Artisan, R/o : Waghbet, Post : Belamba, } Tq. Parli (V), Dist. : Beed. } .... PETITIONER V E R S U S 1. The State of Maharashtra } Through Secretary } Social Welfare Department, } Mantralaya, Mumbai . } 2. The Social Welfare Caste Verification } Committee, Aurangabad Division, } Aurangabad through its Chairman.} 3. Maharashtra State Power } General Co. Ltd. } Through its Chief General Manager } Khaparkheda T.P.S., Khaparkheda,} Dist. Nagpur. } .... RESPONDENTS Mr. V.U.Jadhav, Advocate for petitioner. Mr. K.J.Ghute Patil, Assistant Govt. Pleader for State. Mr. S.M.Godsay, Advocate for respondent no. 3. CORAM : P.V.HARDAS & S.V.GANGAPURWALA, JJ. DATE OF JUDGMENT : 23/04/2010 2 ORAL JUDGMENT : ( PER – P.V.HARDAS, J.) 1. Rule. Rule made returnable forthwith. With the consent of the parties, this petition is heard finally at the stage of admission. 2. We have heard Mr. V.U.Jadhav, Advocate for petitioner, Mr. K.J.Ghute Patil, Assistant Govt. Pleader for State and Mr. S.M.Godsay, Advocate for respondent no. 3. 3. The petitioner by this petition has prayed for issuance of writ directing the respondent no. 2 – Committee to decide the caste claim of the petitioner and has also prayed for directing respondent no. 3 to allow the petitioner to join the services on the post of Artisan – C (Karagir) without insisting for submission of caste validity certificate till the decision of the Committee. 4. At the out set, Mr. Godsay, learned counsel on behalf of respondent no. 3 states that the petitioner has been duly selected and an appointment order has been issued to him. However, the petitioner is clearly informed that he would not be allowed to join unless and until the validity certificate is produced by him. Mr. Godsay further states that the petitioner if so advised, may submit an application to the respondents for seeking extension of the period provided by the respondent for making available validity certificate and if the petitioner 3 submits such an application, the respondents would decide the same, in accordance with law, granting him extension as is requested for. 5. In that light of the matter, therefore, we direct the petitioner to appear before the respondent no. 2 – Committee on 29/4/2010 and further direct the Committee to decide the caste claim of the petitioner, in accordance with law, within two months of 29/4/2010. 6. In the light of the fact that the respondents have agreed to consider the request of the petitioner for extending the period and as the terms of the appointment are explicit that unless and until the validity certificate is produced, a candidate can not be appointed, we dismiss the petition in so far as it relates to the prayer clause ‘ C ’ is concerned. 7. This petition is accordingly allowed on the above terms. Rule is thus made absolute with no order as to costs. The parties may act upon copy of this Judgment duly authenticated by Court Shirastedar. [ S.V.GANGAPURWALA ] [ P.V.HARDAS ] JUDGE JUDGE knp/WP 3703.10 ( J ) 4