WP 3740/11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.3740/2011 Amol Subhash Bhamre V/s The State & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri A.S. Golegaonkar, Advocate for petitioner. Shri S.K. Tambe, AGP for respondent no.1. Shri K.D. Bade Patil, Advocate for respondent no.2. Shri S.M. Godsay, Advocate for respondent nos.3 & 4. CORAM: B.R. GAVAI & M.T. JOSHI, JJ. Date: 15.09.2011 Heard learned counsel for the parties. Leave to amend. Amendment be carried out during the course of the day. By way of present petition, the petitioner is praying for direction to the respondent nos.3 & 4 to appoint the petitioner on provisional basis subject to validation of his caste claim by the respondent no.2 – committee. The petitioner has been selected as WP 3740/11 2 Junior Engineer (Trainee) against a post reserved for scheduled tribe since the petitioner claims to be belonging to Thakur scheduled tribe. As the claim of the petitioner is pending before the respondent no.2 – committee, the respondent nos.3 & 4 have not issued the appointment order in favour of the petitioner and as such the petitioner has approached this Court. Shri S.M. Godsay, the learned counsel appearing on behalf of the respondent nos.3 & 4, submits that in view of Clause 7 of the Government resolution dated 5.11.2009, unless the petitioner produces the caste validity certificate, the petitioner cannot be appointed. This Court vide judgment and order dated 25.8.2011 in Writ Petition No. 2136/2011 and connected petitions, has struck off Clause 7 of the Government resolution dated 5.11.2009. In that view of the matter, the respondents are not justified in withholding WP 3740/11 3 the appointment order in favour of the petitioner. Rule is, therefore, made absolute in the following terms. The petitioner shall be appointed on the post of Junior Engineer (Trainee) against a post reserved for scheduled tribe on a provisional basis subject to validation of his tribe claim by the respondent no.2. The respondent no.2 is directed to decide the claim of the petitioner within a period of six months from today. Till the decision of the respondent no.2 and in the event an order of the respondent no.2 is adverse to the interest of the petitioner, no coercive action be taken against the petitioner for a period of four weeks from the date of receipt of communication of decision to the petitioner. The petitioner shall file an undertaking before this Court that in the event the decision of the committee is against him, he shall claim no equity on account of provisional appointment given in his favour WP 3740/11 4 by the respondent nos.3 & 4. No order as to costs. (M.T. Joshi, J.) (B.R. Gavai, J.) Dt/- 15.09.2011 ndk/c1591118