1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8155 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. Mahesh S. Deshmukh, Advocate for the petitioner. Mrs. A.V. Gondhalekar, A.G.P. for respondent Nos. 1 and 3. Mr. U.S. Malte, Advocate for respondent No.3. CORAM : A.M. KHANWILKAR, AND S.S. SHINDE, JJ. DATE : 10TH MARCH, 2010 The grievance in this petition is that the Caste Scrutiny Committee has failed to decide the caste claim of the petitioner though submitted on 16-11-2009 in the office of the Committee. As a result of the pendency of the said caste claim, although the petitioner has been selected to the post of Clerk/Typist, is not being issued appointment order. According to the petitioner, for the inaction of the 2 Committee, which is one of the wing of the State, the petitioner cannot be made to suffer. The petitioner relies on the G.R. dated 30-08-2006 which postulates that in such situation, the incumbent should be given provisional appointment order subject to outcome of the decision of the Scrutiny Committee. 2. Having considered the arguments of the Counsel appearing for the parties, we have no hesitation in acceding to the request of the petitioner on both counts. In the first place, we direct the respondent No. 3 Committee to ensure that the caste claim of the petitioner pending before it, be finally decided one way or other not later than three months from today. This direction is issued on the assurance given by the petitioner through Counsel that he would extend full co-operation to the Committee for early disposal of the said case. The petitioner shall appear in 3 the office of the Committee on 19-03-2010 at 11-00 a.m. on which date, the Committee may notify the date of further hearing and pass any other appropriate direction as may be required. The Committee shall, however, ensure that the proceedings is finally decided one way or other within three months from today. 3. We also partly accede to the request of the petitioner to direct the respondent No. 2 to issue a provisional appointment order in favour of the petitioner for the post of Clerk/Typist, pursuant to his selection from S.T. category as per G.R. dated 30-08-2006 subject however to considering the question as to whether the petitioner had in fact complied with all the requirements stated in the communication dated 15-04-2009 issued under the signature of Under Secretary, State of Maharashtra Exhibit-D. One of the 4 condition specified therein obliged the petitioner to report in the office of the Appointing Authority within specified time. Those and such other matters with regard to the eligibility of the petitioner before issuance of provisional appointment order, will have to be examined by the Appointing Authority. In other words, this order is not in the nature of issuing direction to the Appointing Authority to straightway issue provisional appointment order in favour of the petitioner. 4. In the event, the appointing authority were to issue provisional appointment order in favour of the petitioner and the petitioner were to resume his duties and as directed by us, the Committee were to decide the caste claim of the petitioner and invalidate the caste certificate, in that case, the Committee shall ensure that its decision 5 so taken is communicated to the petitioner not later than two weeks from the date of the order and the authority shall not take any coercive steps against the petitioner for further period of two weeks from the date of service of order to enable the petitioner to take recourse to such remedy as permissible by law. 5. The petition is disposed of on the above terms. ( S.S. SHINDE, J. ) (A.M. KHANWILKAR,J.) sut/MAR10/wp8155.09