1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6472 OF 2010 Nandkumar S/o Rajdhar Tayade, Age : 42 Years Occu. : Service, R/o Jalgaon, Dist. Jalgaon. .. .. Petitioner Versus 1. The State of Maharashtra. 2. The Principal, Govt. Technical School Jalgaon, District Jalgaon. 3. The Chairman/Asst. Commissioner, Scheduled Tribe Caste Scrutiny Committee, Nandurbar, District Nandurbar. .. .. Respondents Mrs. M. A. Kulkarni, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondent No. 1. Shri P. S. Patil, Standing Counsel for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 21ST JULY, 2010. 2 ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Learned counsel for the petitioner seeks leave to correct the names of respondent Nos. 2 and 3. Leave granted. Correction to be carried out forthwith. 2. Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 3. By this petition under Article 226 of the Constitution of India, the petitioner challenges the impugned order dated 01.04.2010 calling upon the petitioner to produce validity certificate, failing which his services would be terminated. 4. Undisputedly, the claim of the petitioner is pending consideration before the respondent/Scrutiny Committee. In the light of the pendency of the said claim, according to us it is extremely harsh to call upon the petitioner to produce the validity certificate. In that light of the matter, we allow this writ petition and quash and set aside the impugned notice dated 01.04.2010 and direct the petitioner to appear before the Scrutiny 3 Committee on 23rd August, 2010 and further direct the Scrutiny Committee to decide the caste claim of the petitioner within one year of 23.08.2010. 5. During the pendency of the proceedings before the Scrutiny Committee, no adverse action be taken against the petitioner solely on his failure to produce the validity certificate. 6. Rule is made absolute on the above said terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/July 10