1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5213 OF 2010 Jitendra S/o Komalsingh Loniya, Age : 35 Years, Occu. : Service, presently working as Gram Sevak, Panchayat Samiti, Raver, District Jalgaon, R/o Srinagar, Ashtavinayak Colony, Bhusaval, Dist. Jalgaon. .. .. Petitioner Versus 1. The Zilla Parishad, Jalgaon, through its Chief Executive Officer. 2. The Committee for Scrutiny and Verification of Tribe Claims, Nagpur Division, Nagpur. .. .. Respondents Shri S. R. Barlinge, Advocate for the Petitioner. Shri B. S. Munde, Advocate for the Respondent No. 1. Shri U. S. Malte, Advocate for the Respondent No. 2. CORAM : P. V. HARDAS AND N. D. DESHPANDE, JJ. DATE : 17TH JUNE, 2010. 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. 02. By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the impugned communication dated 17.03.2010, calling upon the petitioner to furnish the validity certificate, failing which services of the petitioner would be terminated. Undisputedly, the caste claim is pending consideration before the respondent No. 2/Scrutiny Committee. The caste status of the petitioner has till not been decided by the respondent/Scrutiny Committee. In the light of pendency of the proceedings before the Scrutiny Committee, according to us, the action in issuing the notice and calling upon the petitioner to produce the validity certificate is unjustifiable. 03. We accordingly allow this petition and quash and set aside the impugned communication and direct the respondent No. 1 not to take any adverse action against the petitioner till the proceedings are concluded by the respondent No. 2/Scrutiny 3 Committee. We direct the petitioner to appear before the committee on 29.06.2010. We also direct the Committee to decide the caste claim of the petitioner within six months of 29.06.2010. 04. Rule is thus made absolute on the above terms with no order as to costs. [ N. D. DESHPANDE, J.] [ P. V. HARDAS, J.] bsb/June 10