1 wp3984.09.odt FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No.3984/2009 ( Hanumant Kohchade ..V/s.. State of Maharashtra, through it Secretary & others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P.S. Khubalkar, counsel for petitioner. O.D. Kakde, A.G.P. for respondent no.1 Mr. P.B. Patil, counsel for respondent no.2. Mr. V.V. Naik, counsel for respondent nos.3 and 4. CORAM : D.D. SINHA & F.M. REIS JJ. DATE : 20 th NOVEMBER , 2009 . Heard Mr. Khubalkar learned counsel for petitioner, Mr. Kakde learned A.G.P. for respondent no.1, Mr. Patil learned counsel for respondent no.2 and Mr. Naik learned counsel for respondent nos.3 and 4. Writ petition is directed against the order dated 24/8/2009 passed by Zilla Parishad whereby the services of petitioner as Assistant Teacher came to be terminated on the ground of non-submission of validity of caste certificate. Learned counsel for petitioner states that petitioner was appointed as Assistant Teacher from reserved category i.e. S.T. (Gond). It is submitted that the caste verification proceedings were concluded by the Caste Scrutiny Committee on 7/9/2009 and the caste certificate of petitioner is validated by the Caste Scrutiny Committee. It is contended that before the decision is taken by the Caste Scrutiny Committee the respondent terminated the services of 2 wp3984.09.odt petitioner for non-submission of validity certificate by the impugned communication. Learned counsel for petitioner has submitted that action of respondent in view of the validation of the caste certificate by the Caste Scrutiny Committee is bad in law. Mr. Naik, learned counsel for respondent nos.3 and 4 does not dispute the factual aspects. According to Mr. Patil, learned counsel for respondent no.2 – Caste Scrutiny Committee also has not disputed the above referred facts. We have considered the contentions canvassed by the respective counsel. In the backdrop of above referred facts, it is evident that the termination order issued by respondent Zilla Parishad is on the ground that petitioner failed to submit validity certificate within the stipulated period though the Caste Scrutiny has validated the caste claim of petitioner at the later point of time. In the circumstances, we quash and set aside the impugned order of termination dated 24/8/2009 and direct the Zilla Parishad to accept caste validity certificate of petitioner and reinstate petitioner in is original post with backwages forthwith and grant continuity in service to the petitioner. With these directions petition is disposed of. JUDGE JUDGE Tambaskar.