1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6478 OF 2010 Ramdas S/o Omkar Ingle, Age : 45 Years Occu. : Service, R/o Katchincholi, Tq. Georai, District Beed. .. .. Petitioner Versus 1. The State of Maharashtra, Through Secretary to Rural Development Department, Mantralaya, Mumbai. 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed. 3. The Scheduled Tribe Certificate Verification Committee, Aurangabad through its Deputy Director (R), Nashik, Dist. Nashik. .. .. Respondents Shri S. M. Vibhute, Advocate for the Petitioner. Shri S. K. Tambe, A.G.P. for the Respondent No. 1. Shri P. P. Dama, Advocate for the Respondent No. 2. Shri P. S. Patil, Standing Counsel for the Respondent No. 3. 2 CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 21ST JULY, 2010. ORAL JUDGMENT [Per P. V. HARDAS, J. ] : . Rule. Rule returnable forthwith. With the consent of learned counsel for parties this petition is heard finally at the stage of admission. 2. By this petition, the petitioner questions the correctness of the show cause notice issued to the petitioner dated 14th May, 2010 informing the petitioner that his services are likely to be terminated in the event the petitioner did not submit the validity certificate. 3. The petitioner claims to be belonging to "Koli Mahadev" Scheduled Tribe and came to be appointed by the Chief Executive Officer, Zilla Parishad, Beed on a post which was reserved for the Scheduled Tribe category candidates. The verification proceeding in respect of the tribe claim of the petitioner is pending with the respondent/Committee and the petitioner cannot be faulted for not producing the validity certificate from 3 the committee. 4. In that light of the matter, therefore, we allow this petition and quash and set aside the impugned show cause notice dated 14.05.2010 and direct the petitioner to appear before the Committee on 18th August, 2010 and further direct the Committee to decide the caste/tribe claim of the petitioner within a period of one year from 18th August, 2010. 5. In the mean while, during the pendency of proceedings before the Scrutiny Committee, no adverse action be taken against the petitioner for his failure to submit caste 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