FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9086/2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 1 WRIT PETITION NO.9086 OF 2011 Smt. Anita Maruti Dullewad, Age 305years, Occ. Service R/o. At Post Bahadurpura, Tq. Kandhar District Nanded. At Present R/o. At Post Pimpalner, Tq. and Dist. Beed. .. Petitioner. Versus. 1] The State of Maharashtra through its Secretary Tribal Development Mantralaya, Mumbai-32. 2] The Committee for Scrutiny and Verification of Tribe Claims Aurangabad through its Chairman. 3]The Education Officer (Secondary) Zilla Parishad, Beed. 4] Zilla Parishad, Beed, through its Chief Executive Officer Beed, District Beed. .. Respondents. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9086/2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 2 Mr. A.V. Patil, Advocate for petitioner. Mr. V.D. Rakh, AGP for respondent Nos. 1 and 3. Mr. Y.K. Bobade, Advocate holding for Mr. S.S. Tope, Advocate for respondent No.2 committee. CORAM :- B.R. GAVAI & A.V. POTDAR, JJ. DATE :- 16TH DECEMBER, 2011. ORAL JUDGMENT [ PER B.R. GAVAI,J.] :- 1] Rule. Rule made returnable forthwith. Heard by consent. 2] The petitioner has approached this court being aggrieved by the show cause notice issued by the respondent No. 4, dated 16.8.2011, whereby, the petitioner is informed that in the event the petitioner does not submit the validity certificate, validating her claim of belonging to scheduled tribe, her appointment shall stand cancelled. 3] The petitioner who belongs to Mannerwarlu scheduled tribe was appointed as Shikshan Sevak against a post reserved for scheduled tribe. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9086/2011 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 4] By the order of even date, passed in the writ Petition No. 2887 of 2006, we have held that the petitioner belongs to scheduled tribe and have quashed and set aside the order passed by the scrutiny committee. In that view of the matter, since it has been held that the petitioner does belong to scheduled tribe, impugned order is not sustainable in law. 5] Since the petitioner is held to be belonging to scheduled tribe, her appointment as Shikshan Sevak, from ST category, will also have to be regularized. In that view of the matter, Rule is made absolute in the following terms :- . [a] The impugned show cause notice dated 16.8.2011 is quashed and set aside. [b] It is held that the petitioner's selection as Shikshan Sevak from the category of scheduled tribe is regularized. Consequently, upon completion of 3 years period as Shikshan Sevak, the petitioner would be entitled to the regular salary, as is applicable to an Assistant Teacher. [A.V. POTDAR,J.] [B.R. GAVAI, J.] grt/-