1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.4365 of 2008. M/s Jaiswal Krushi Kendra and another. Shakil Ahmed Khan S/o Jamil Ahmed Khan Vs. The Scheduled Tribe Certificate Scrutiny Committee, Amravati and others ---------------------------------------------------------------- Office Notes, Office Memoranda of Coram,appearances,Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri I. M. Choudhary Advocate for the petitioner Coram: B. H. Marlapalle and A. H. JOSHI, JJ. Dated: 13th OCTOBER 2008. 1. Heard Mr. Choudhary the learned Counsel for the petitioner. 2. The petitioner came to be appointed as 'Shikshan Sevak' with effect from 10-1-2005 under Respondent No.3 Municipal Council and against the post reserved for Scheduled Tribe. As the petitioner claims to belong to Raj Scheduled Tribe. On his joining the service as Shikshan Sevak, his tribe 2 claim has been referred to Respondent No.1 Committee, and it is still pending. In the meanwhile, he has been informed by the employer vide letter dated 11-09-2008 that he must submit the caste verification certificate within 15 days. 3. When the petitioner approached the Respondent NO.1 Committed with the letter dated 11-09-2008 issued by the Municipal Council, the Committee by its order dated 20-09-2008 informed the petitioner about its inability to adjudicate upon his tribe claim solely on the ground that one of its members namely Shri V. S. Pinjarkar also claims to belong to Raj Scheduled Tribe and his claim was rejected by the Committee on 27-11-2001, and the same issue is pending before the Supreme Court. 4. We are not impressed by the reasons set out by the Committee in the impugned order dated 20-09-2008. The Committee will have to be re- constituted so as to exclude Shri V. S. Pinjarkar if found so necessary and 3 adjudicate upon the petitioner's tribe claim or in the alternative refer to another Committee i.e. the Committee at Nagpur. 5. We, therefore, direct the Secretary in the Department of Tribal Development, Government of Maharashtra to re-constitute Respondent No.1 Committee so as to adjudicate upon the petitioner's tribe claim and this shall be done within a period of two weeks from today. The re-constituted Committee or the alternate Committee as the case may be shall decide the petitioner's pending caste verification case as expeditiously as possible and in any case before 15-12-2008. The order dated 11-9-2008 issued by Respondent no.3 shall stand suspended till 31st December, 2008. 6. Writ to go forthwith. JUDGE JUDGE Sbm