1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6487 OF 2009 Shri Nagnath s/o Antaram Irale, Age 41 years, Occu.Service as a Driver in the office of the Dean, Government Medical College & Hospital, Aurangabad District Aurangabad .. Petitioner Versus 1. The State of Maharashtra, Department of Tribal Development, Mantralaya, Mumbai 400 032 through its Secretary 2. The Scheduled Tribe Certificate Scrutiny Committee, Nashik Division, Adiwasi Vikas Bhavan, Nashik, Through its Member Secretary 3. The Dean, Government Medical College & Hospital, Aurangabad .. Respondents Shri A.S.Golegaonkar, Advocate for petitioner Shri N.N.Jadhav, Asstt.Government Pleader for respondents 1 & 3 Shri P.S.Patil, Advocate for respondent No.2 CORAM : P.V. HARDAS AND A.V. POTDAR, JJ DATE : 30th September 2009 ORAL JUDGMENT [ PER P.V.HARDAS , 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 2. By this petition under Article 226 of the Constitution of India the petitioner prays for directing the respondent scrutiny committee to decide the pending claim of the petitioner and also to direct respondent No.3 not to take any adverse action against the petitioner solely on the basis of the failure of the petitioner to submit the validity certificate from the scrutiny committee. In the light of the limited relief which the petitioner has prayed for in this petition, we deem it appropriate to decide this petition finally at this stage. We have heard Shri Golegaonkar, learned Counsel for the petitioner, learned Assistant Government Pleader Shri Jadhav on behalf of respondents 1 and 3 and Shri P.S.Patil, learned Counsel on behalf of respondent No.2. 3. It is urged by the learned Counsel for the petitioner that the claim of the petitioner is pending consideration with the respondent - committee since 28.11.1997. It appears that the petitioner came to be appointed as a driver on a post which was reserved for a Scheduled Tribe candidate as the petitioner claimed to be belonging to Mahadev Koli – Scheduled Tribe. As pointed out by us above, the claim of the petitioner came to be referred to the committee for its verification and is said to be pending since 28.11.1997. In the light of the pendency of the claim of the petitioner, we are inclined to allow this petition. 3 4. We accordingly allow this petition, quash the impugned communication and direct the respondent – scrutiny committee to expeditiously decide the tribe claim of the petitioner and accordingly direct the petitioner to appear before the scrutiny committee on 27th October 2009 and further direct the Scrutiny Committee to decide the tribe claim of the petitioner within six months of 27th October 2009 and communicate the decision thereon to the petitioner. During the pendency of the claim before the scrutiny committee, we direct respondent No.3 not to take any adverse action against the petitioner solely on the basis of the failure of the petitioner to submit the validity certificate. It is needless to state that further action would be dependent upon the judgment of the scrutiny committee. 6. Rule is thus made absolute on the above terms with no orders as to costs. ( A.V.POTDAR ) ( P.V.HARDAS ) JUDGE JUDGE vvr/6487.09wp 4