1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5747 OF 2009 Ratan S/o.Ananda Kolte, Age-35 years, Occu-Service, R/o.Galleborgaon, Tq.Khultabad, Dist : Aurangabad. PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary, Agriculture, Mantralaya, Mumbai-32 2. District Superintendent, Agricultural Officer, Near Peer Bazar, At : Aurangabad 3. Agricultural Information Centre, Taluka Seed Centre, Galleborgaon, Tq.Khultabad, Dist : Aurangabad. 4. Scheduled Tribe Certificate, Secretary Committee, Through its Vice Chairman, Kashmira Sadan, S.T.Stand Road, Aurangabad. RESPONDENTS Mr.A.S.Deshpande, h/f. Mr.S.M.Kulkarni, learned counsel for petitioner. Mr.V.H.Dighe, learned AGP for respondent no.1 to 3 Mr.R.P.Phatake, learned counsel for respondent no.4. 2 (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/08/2009 ORAL JUDGMENT : (Per P.V.Hardas, J.) 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under Article 226 of The Constitution of India, the petitioner prays for quashing and setting aside communication dated 25/08/2009 by which the respondents had intimated to the petitioner that on failure of the petitioner to submit the validity certificate on or before 31/08/2009, the services of the petitioner would be terminated. The petitioner also prays for issuance of a writ of mandamus directing the committee to decide the tribe claim of the petitioner. In the light of the reliefs which the petitioner has sought for in this petition, we deem it appropriate to decide this petition finally at this stage. Accordingly we have heard Shri.A.S.Deshpande, learned counsel for the petitioner, learned AGP on behalf of respondent no.1 to 3 and Shri.Phatake for respondent no.4. 3. It appears that the petitioner was employed with the respondents as Labour Grade I. It appears that the claim of the petitioner as belonging to Mahadev Koli, Scheduled Tribe was not referred to the Respondent committee for verification. It is apparent 3 to us that the claim of the petitioner came to be referred to the respondent Scrutiny Committee and it was received by the Scrutiny Committee on 27/08/2009. In the light of the pendancy of the claim of petitioner as belonging to Mahadev Koli, Scheduled Tribe, we are incline to allow this petition. 4. We accordingly allow this petition and quash and set aside the impugned order dated 25/08/2009 and further direct the petitioner to appear before the respondent Scrutiny Committee on 14/09/2009 and further direct the Committee to decide the tribe claim of the petitioner within 6 months of 14/09/2009. Further action if any to be initiated by the respondents would be subject to decision of the Scrutiny Committee. 5. Rule is thus made absolute on the above terms with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/AUGUST 2009/wp5747-09 4