1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3547 OF 2009 Smt.Ranjana d/o Bhagwan Jagtap Age 32 years, Occu.Service, R/o A/p Yedshi, Tq.& Dist.Osmanabad ..PETITIONER VERSUS 1. The State of Maharashtra Department of Tribal Development Mantralaya, Mumbai 32 Through its Secretary 2. The Scheduled Tribe Certificate Scrutiny Committee, Aurangabad Division, Kashmira Bhawan, Station road, Aurangabad through its Member Secretary 3. Zilla Parishad, Osmanabad, Through its Chief Executive Officer 4. The Medical Officer, Primary Health Centre, Moha, Dist.Osmanabad .. RESPONDENTS Mr A.S. Golegaonkar, Advocate for the petitioner; Mr K.J. Ghute Patil, AGP for respondents no.1, 3 & 4; Mr M.S. Deshmukh, Advocate for respondent no.2. CORAM: P.V. HARDAS AND R.K.DESHPANDE, JJ. DATE : 10TH JULY, 2009 2 ORAL JUDGMENT: [PER P.V. HARDAS, J.] Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties this petition is heard finally at the stage of admission. 2. Such of the facts as are necessary for the decision of this petition may briefly be stated thus :- The petitioner came to be appointed by an appointment order dated 12.1.2008 to the post of Nurse Midwife Worker (Health Worker – Woman) and was posted at the Primary Health Centre, Moha, District Osmanabad. The appointment of the petitioner was on the condition that the petitioner obtains a validity certificate within a period of six months from the date of appointment. The petitioner in fact was required to submit a written undertaking in this behalf. The petitioner ultimately joined the services on 31.1.2009 and submitted the necessary documents which were referred to the Verification Committee. According to the petitioner, despite the passage of time the respondent Scrutiny Committee has not verified the tribe status of the petitioner as belonging to “Thakar” - Scheduled Tribe. 3. Notice of this petition came to be issued to respondent no.2 and respondent no.2 is represented by Advocate Shri M.S. Deshmukh. We have heard Shri A.S. Golegaonkar, learned Counsel for the petitioiner; A.G.P. Shri K.J. Ghute Patil on behalf of respondents 3 no.1, 3 & 4 and Shri M.S. Deshmukh, learned Counsel on behalf of respondent no.2. Since the verification process in respect of verification of the tribe status of the petitioner is pending consideration with the respondent no.2 Scrutiny Committee, we direct the respondent Scrutiny Committee to decide the same, if pending, within four months of 29.7.2009 and to communicate the decision thereon to the petitioner. We direct the petitioner to appear before the respondent Scrutiny Committee on 29.7.2009 and direct the Committee to conclude the verification process within four months of 29.7.2009. We further direct respondent no.3 not to take any coercive steps of termination of the service of the petitioner on the sole ground that the petitioner has not been able to obtain the validity certificate within six months from the date of her appointment. The appointment of the petitioner and further continuance in the service would be dependent upon the verification process undertaken by respondent no.2 Committee. 4. Petition is thus allowed and Rule is made absolute on the above terms with no order as to costs. [ R.K. DESHPANDE, J ] [ P.V. HARDAS, J ] amj/wp3547.09 4