{1} IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5826 OF 2009 Suresh Kachru Bhandare R/o Balanagar, Tq-Paithan Dist-Aurangabad PETITIONER VERSUS 1. The State of Maharashtra Through Secretary, Rural Development Department and Water Conservation Department Mantralaya, Mumbai 2. The Scheduled Tribes Caste Scrutiny Committee, Aurangabad Through its Dy. Commissioner 3. The Chief Executive Officer Zilla Parishad Aurangabad 4. The Education Officer (Primary) Zilla Parishad, Aurangabad 5. Block Education Officer, Panchayat Samiti, Paithan, Dist-Aurangabad RESPONDENTS ....... Mr.D.R.Irale Patil, Advocate for petitioner Mr.K.B.Chaudhari, Addl.G.P. for respondent No.1 Mr.P.S.Patil, Advocate for respondent No.2 Mr.U.B.Bondar, Advocate for respondents No.3 to 5 ....... {2} [CORAM : P.V.HARDAS, and A.V.POTDAR, J.J.] DATE : 2nd September 2009 ORAL JUDGMENT (PER P.V.HARDAS, J.) : 1. Rule. Rule returnable forthwith. With the consent of learned counsel for the parties this petition is heard finally at the stage of admission. 2. The petitioner, who claims to be belonging to Mannerwarlu Scheduled Tribe, came to be appointed as an Assistant Teacher on 26.11.1996. It appears that pursuant to the directions received by the petitioner from respondents No.3 and 4, he submitted his proposal for verification to the authorities and the proposal came to be forwarded to the respondent No.2 on 23.12.2008. Thereafter, it appears, that the proposal is pending and has not been decided. During the pendency of the aforesaid proposal, the petitioner is served with the impugned communication dated 18.08.2009 informing the petitioner that he had rendered himself liable for action on account of his failure to submit validity certificate. 3. According to us, the petitioner cannot be held liable for the delay in the decision of his tribe claim, though the claim came to be referred to respondent No.2 Committee in December 2008. Therefore, we are inclined to allow this petition. {3} 4. We have heard Mr.Irale Patil, learned counsel for petitioner, Mr.Chaudhari, Addl.G.P. for respondent No.1, Mr.P.S. Patil for respondent No.2 and Mr.Bondar for respondents No.3 to 5. For the reasons disclosed above, well allow this petition and quash and set aside the impugned order in so far as it relates to the action proposed to be taken against the petitioner. We direct that no action be taken against the petitioner till his tribe claim is decided by the Committee. We accordingly, direct the petitioner to appear before the Committee on 23rd September 2009 and further direct the committee to decide the tribe claim of the petitioner within 8 months of 23.09.2009. 5. Rule is thus made absolute on the above terms with no order as to costs. Copy of this order, duly authenticated be provided to the learned counsel for petitioner to act upon. [A.V.POTDAR, J.] [P.V.HARDAS, J.] drp/wp5826-09