(1) WP 5628.2011+2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5628 OF 2011 Kalyan S/o Bhanudas Kale PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS WITH WRIT PETITION NO. 5629 OF 2011 Kalyan Dhondiba Jayabhaye PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS AND WRIT PETITION NO. 5630 OF 2011 Raghoji Balbhim Shinde PETITIONER VERSUS The State of Maharashtra and ors. RESPONDENTS ..... Mr. Ashok A. Munde, Advocate for the Petitioners. Mrs. A.V. Gondhalekar, A.G.P. for the Respondent-State. Mr. U.S. Mote, Advocate for the respondent no.3. ..... CORAM : B.R. GAVAI AND M.T. JOSHI, JJ. DATED : 22ND AUGUST, 2011 ORAL ORDER: 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By way of the present Petitions, the petitioners are challenging the orders dated (2) WP 5628.2011+2 31.5.2011 issued by the respondent no.3, thereby informing them that they would be terminated from service with effect from 1.8.2011 in the event they fail to produce the caste validity certificate. 3. The petitioners-employees can only submit their proposal through the competent authority to the respondent no.2 for validating their caste claim, however, it is not in the hands of the petitioners as to within how much time the respondent no.2 will decide the same. The petitioners cannot be penalised for delay on account of the respondent no.2 committee in deciding their case. 4. In that view of the matter, rule is made absolute in the following terms: (I) Respondent no.2-Committee is directed to decide the caste claim of the petitioners within a period of six (6) months from today in accordance with law. (II) Until the respondent no.2-Committee takes decision on the caste/tribe claims of the petitioners, the respondent no.3 shall not take any (3) WP 5628.2011+2 coercive steps against the petitioners. In the event any adverse order is passed by the respondent no.2 against the petitioners, the same shall not be given effect to for a period of four (4) weeks from the date of receipt of communication of the order. Sd/- Sd/- [M. T. JOSHI, J.] [B. R. GAVAI, J.] arp/