1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.3919 OF 2009 ((Ku. Meena d/o Namdeo Borekar vs. State and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders CORAM: D. D. SINHA AND F. M. REIS, JJ. DATED : DECEMBER 4, 2009. Heard Shri Dubey, learned Counsel for the petitioner, Shri Kothari, learned Assistant Government Pleader for the respondent no.1, Shri Sambre, learned Counsel for the respondent no.2, and Shri Naik, learned Counsel for the respondent nos. 3 to 5. Shri Dubey, learned Counsel for the petitioner, has submitted that the petitioner was appointed as Assistant Teacher in the school run by the Zilla Parishad from Scheduled Tribe (Pardhan) category. It is contended that at the time of appointment though it was necessary for the petitioner to submit caste validity certificate, however, there was no outer limit for production of the same. The petitioner for the first time was asked to submit the documents in support of her caste claim in the 2/3 year 2007, and therefore, the relevant documentary evidence was submitted by the petitioner in the year 2007 in the Department which was forwarded to the Caste Scrutiny Committee for verification of the caste claim of the petitioner along with the caste certificate. It is submitted that the caste claim of the petitioner is pending for verification before the Caste Scrutiny Committee, however, the respondent Zilla Parishad vide impugned communication dated 5/8/2009 informed the petitioner that if the caste validity certificate is not submitted within seven days from the receipt of the said communication, the services of the petitioner will be terminated. Hence, the petitioner has approached this Court for necessary direction to the Zilla Parishad. The learned Counsel for the Caste Scrutiny Committee has not disputed the fact that caste claim of the petitioner is pending before the Caste Scrutiny Committee for verification. In the backdrop of the above referred facts, it will be unjust to terminate the services of the petitioner while caste claim of the petitioner is pending for verification. Hence, in 3/3 the interest of justice, we direct the Caste Scrutiny Committee to verify the caste claim of the petitioner in accordance with law and procedure applicable in this regard within a period of six months from the date of communication of this order by following the principles of natural justice. Till such time the services of the petitioner need not be disturbed. In the meantime, impugned communication dated 5/8/2009 should not be given effect to. The petitioner to appear before the Caste Scrutiny Committee on 23/12/2009 at 11 A.M. With these observations and directions, the writ petition is disposed of. JUDGE JUDGE khj