1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5377 OF 2009 1. Mahemud Musa Pathan, Age-56 years, Occu-Service, Presently working as Assistant Accounts Officer, B & C Department, Zilla Parishad, R/o.Plot No.6-A, Lane No.2, Times Colony, Katkat Gate, Aurangabad. 2. Yunus Khan Pirkhan Pathan, Age-45 years, Occu-Service, Presently working as Arogya Worker, R/o.Plot No.6-B, Lane No.2, Times Colony, Katkat Gate, Aurangabad. 3. Ashok Laxman Dandge, Age-35 years, Occu-Service, Presently working as Assistant Teacher, R/o.Galegaon (kh.) Tq.Sillod, Dist Aurangabad. 4. Ambadas Narayan Dandge, Age-34 years, Occu-Service, Presently working as Assistant Teacher, R/o.Shivajinagar Sillor, Tq.Sillod, Dist. Aurangabad 5. Namdeo Kaduba Dandge, Age-48 years, Occu-Service, Presently working as Assistant Teacher, R/o.Shivaji Nagar, Sillod, Tq.Sillor, District : Aurangabad 2 6. Shantaram Sandu Wagh, Age-34 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Ajintha, Tq.Sillod, Dist. Aurangabad 7. Yashwant Laxman Ingale, Age-42 years, Occu-Service, Presently working as Jr.Clerk, in Zilla Parishad, Aurangabad, R/o.Renukanagar, Shivajinagar, Aurangabad. 8. G.L.Surwadkar, Age-43 years, Occu-Service, Presently working as Assistant Teacher at Khandala, Tq.Vaijapur, Tq.Vaijapur, Dist. Aurangabad. 9. Devidas Pitambar Baviskar, Age-41 years, Occu-Service, Presently working as Assistant Teacher, R/o.Soigaon, Tq.Soigaon, District : Aurangabad 10. Smt.Seema Madhukar Ingale, Age-36 years, Occu-Service, Presently working as Arogya Sevika, R/o.Nagar, Tq. Kannad, District : Aurangabad. 11. Ganesh Jayantrao Padale, Age-36 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Panvadod (Bk.) Tq. Sillod, Dist. Aurangabad 12. Jagannath Kondiba Padale, Age-40 years, Occu-Service, 3 R/o.Panvadod, Tq.Sillod, Dist. Aurangabad. 13. Smt.Tulsa Vishwanath Vavare, Age-38 years, Occu-Service, Presently working as Arogya Sevika, R/o.Hanumankheda, Tq.Soigaon, Dist. Aurangabad. 14. Smt.Tejvanti Sitaram Sonawane, Age-32 years, Occu-Service, Presently working as Arogya Sevika, R/o.Nimbhora, Tq.Soigaon, Dist. Aurangabad. 15. Sudhakar Salba Bavaskar, Age-39 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Anand Park, Sillod, Tq.Sillod, Dist. Aurangabad 16. Sheshrao Punjaji Sonawane, Age-45 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Undangaon, Tq. Sillod, Dist. Aurangabad. 17. Anna Daulat Shelke, Age-39 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Shivajinagar, Sillod, Tq.Sillod, Dist. Aurangabad. 18. Dilip Kanhyasing Dhage, Age-38 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Tirupati Balaji Nagar, Sillod, Tq.Sillod, Dist. Aurangabad 4 19. Vijaysing Ramchandra Dhage, Age-40 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Tirupati Balaji Nagar, Sillod, Tq.Sillod, Dist. Aurangabad. 20. Sitaram Tukaram Sapkal, Age-35 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Shivaji Nagar, Sillod, Tq.Sillod, Dist. Aurangabad. 21. Madhukar Pandurang Dandge, Age-36 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Shivajinagar, Sillod, Tq.Sillod, Dist. Aurangabad 22. Dagadu Khandu Sapkal, Age-39 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Anand Park, Sillod, Tq.Sillod, Dist. Aurangabad 23. Sangita Kishan Bhoye, Age-35 years, Occu-Service, Presently working as Arogya Sevika, R/o.Wadgaon, Tq.Soigaon, Dist. Aurangabad (Petition is dismissed against her vide order dated 29/09/2009) 24. Trimbak Totaram Dandge, Age-45 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Dakia, Tq.Sillod, Dist. Aurangabad. 5 25. Sangita Motiram Dandge, Age-35 years, Occu-Service, Presently working as Asstt. Teacher, R/o.Sahara Vaibhav Apartment, Flat No.25, Jatwada Road, Harsul, Tq.Dist.Aurangabad 26. Kailas Valuba Bavaskar, Age-44 years, Occu-Service, R/o.Sahara Vaibhav Apartment, Jatwada Road, Harsul, Tq. And Dist. Aurangabad. 27. Sakharbai Waluba Bavaskar, Age-35 years, Occu-Service, Presently working as Assistant Teacher, R/o.Samatanagar, Sillod Tq.Sillod, Dist. Aurangabad 28. Pathan Rashidkhan Hussainkhan, Age-47 years, Occu-Service as Deputh Head Master, R/o.Sadaf Colony, Katkat Gate, Aurangabad. PETITIONERS VERSUS 1. The Zilla Parishad, Aurangabad, Through its Chief Executive Officer, at Aurangabad. 2. The District Health Officer, Zilla Parishad, Aurangabad, 3. The Block Development Officer, Panchayat Samiti, Sillod, Tq.Sillod, Dist. Aurangabad 6 4. The Committee for Scrutiny and Verification of Tribe Claims, Aurangabad. 5. The Committee for Scrutiny and Verification of Tribe Claims, Nandurbar. RESPONDENTS Mr.S.R.Barlinge, learned counsel for all petitioners. Mr.V.B.Ghatge, learned AGP for respondent no.1 to 3 Mr.R.P.Phatake, learned counsel for respondent no.4 and 5 The petition is dismissed as withdrawn against petitioner no.23. (CORAM : P.V.HARDAS, AND A.V.POTDAR, J.J.) DATE : 29/09/2009 ORAL JUDGMENT : (Per A.V.Potdar, 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 the present writ petition under Article 226 of The Constitution of India, the petitioners have prayed for issuance of a writ of certiorari to quash and set aside the order dated 30/07/2009, and further prayed for issuance of writ of mandamus directing the respondents not to take any adverse action against the petitioners till their caste claims are decided by the Scrutiny Committee. The petitioners have also prayed for issuance of writ of mandamus directing respondent no.4 and 5 to decide the caste claim of the 7 petitioners as expeditiously as possible within the stipulated period. 3. Considering the limited relief claimed by the petitioners, we did not feel it necessary to discuss in detail the facts which gave rise to file the present writ petition by the petitioners. It is suffice to say that the petitioners are in the service of respondent no.1 to 3 since the year 1984-1992 onwards and holding various posts. Vide notice dated 30/07/2009, they were directed to produce the caste validity certificate till 07/08/2009, failing which their services will be terminated. It is informed across the bar by learned counsel appearing for Zilla Parishad that the caste claims of the petitioners are pending before the Scrutiny Committee. In these circumstances, the petitioners can not be faulted for non production of caste validity certificate as claimed by the respondents. 4. In the premise, we quash and set aside the impugned order dated 30/07/2009. We further direct the petitioners to appear before the Scrutiny Committee respondent no.4 and 5 on 26/10/2009 for the expeditious hearing of their caste claims. We further direct the Scrutiny Committee to decide the caste claim of the petitioners within the period of 6 months thereafter. Respondent no.1 to 3 not to take any adverse action against the petitioners on the sole ground that they have not produced their caste validity certificate during the pendancy of their caste claim before the Scrutiny Committee. 5. The writ petition thus succeeds. Rule is made absolute as 8 indicated above. Writ petition stands disposed of accordingly with no order as to costs. (A.V.POTDAR, J.) (P.V.HARDAS, J.) khs/SEP 2009/wp5377-09