1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.7584 OF 2009 WITH CIVIL APPLICATION NO.12748 OF 2009 ----------------------------------------------------------------- Office Notes, Office Memoranda of | Coram, appearances, Court’s orders | Court’s or Judge’s or directions and Registrar’s | orders orders | ----------------------------------------------------------------- Mr. A.G. Talhar, Advocate for the petitioner. Mr. N.B. Khandare,G.P. for respondent No.1. Mr. P.S. Patil, Advocate for respondent No.2. Mr. A.S. Shelke, Advocate for respondent Nos. 3 and 4. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 5TH MARCH, 2010 Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, petition is taken up for final hearing at the admission stage. 2. The petitioner was appointed as full time "Shikshan Sevak" with 2 respondent No. 4 College for academic year 2006-07, 2007-08, and 2008-09. On 17-07-2007 the petitioner had submitted a proposal before respondent No. 2 Committee for validating the caste claim of the petitioner as "Tokare Koli". Along with the said proposal, all relevant documents were submitted by the petitioner. It is further case of the petitioner that on 22-06-2007 respondent No. 4 issued letter to the respondent No. 2 Committee and informed that the petitioner is appointed as Shikshan Sevak on the post of reserved for the S.T. category and it is necessary to submit the caste validity certificate with respondent No.4 for record. In spite of considerable time lapsed from submitting the proposal to the respondent Committee, the Committee has not taken any action to validate the claim of the petitioner. On 05-05-2009 3 respondent No. 3 issued notice to the petitioner and directed the petitioner to submit the validity certificate on or before 31-05-2009. On 20-06-2009 the petitioner herein submitted an application to respondent No. 3 Management and requested to extend time for submitting validity certificate. However, respondent No. 3 issued notice to the petitioner and directed to submit the validity certificate on or before 30-11-2009. It was intimated to the petitioner that if the petitioner fails to produce the caste validity certificate on or before 30-11-2009, the respondents will terminate the services of the petitioner. The petitioner herein, on 14-10-2009 issued notice to respondent No. 2 Committee through her Advocate and requested to give decision on the pending proposal at the earliest. However, till date, the claim of the petitioner has not been finally decided by the respondent Committee. As a 4 result, the respondent Nos. 3 and 4 terminated the services of the petitioner on the ground of non submission of caste validity certificate. 3. It is not in dispute that the petitioner has already submitted his claim for verification to the Scrutiny Committee is not in dispute. It is also not in dispute that Scrutiny Committee failed to decide caste claim of the petitioner. That reason is beyond the control of the petitioner. The petitioner cannot be blamed for the inaction of the Scrutiny Committee. Caste Scrutiny Committee, on the other hand, expressed inability to decide due to pressure of work. 4. In the circumstances, we dispose of this petition with direction to the respondent No.2 Committee to finally decide the caste claim of the petitioner 5 not later than three months from today. The petitioner to appear in the office of Scrutiny Committee on 29-03-2010 at 11-00 a.m. on which date, the Committee may schedule the date of hearing of the caste claim of the petitioner. The petitioner shall extend full co- operation for final disposal of his caste claim. 5. We make it clear that if the Committee takes a decision to validate the caste claim of the petitioner, the respondent Nos. 3 and 4 should immediately reinstate the petitioner. In case, the respondent Committee invalidates the caste claim of the petitioner, there is no question of reinstatement of the petitioner in the services of the respondent Nos. 3 and 4. 6. The petition is disposed accordingly. Rule made absolute on the above terms. 6 7. In view of the disposal of W.P. No. 7584 of 2009, nothing survives in the Civil Application No.12748 of 2009 and the same is also disposed of accordingly. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/MAR10/wp7584.09