1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITON NO.3844 OF 2011 Milind S/o.Ramesh Shirsath .. Petitioner V/s Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane & Ors... Respondents Mr.M.S.Deshmukh for the petitioner. Mr.S.N.Patil, AGP for Respondent No.1. Mr.A.R.Pitale for Respondent No.2. CORAM: SMT.M.R.BHATKAR & R.G.KETKAR, JJ. (VACATION COURT) DATE: 11TH MAY, 2011. P.C.: 1. Rule. Leraned AGP waives service on behalf of Respondent No.1. Mr.Pitale, learned counsel waives service on behalf of Respondent No.2. By consent of the parties, rule is made returnable forthwith and is heard finally. 2. By this petition, the petitioner has challenged the notice/letter dated 04.05.2011 issued by the 2nd Respondent Corporation. By that notice/letter the petitioner is called upon to produce the caste validity certificate on or before 14.05.2011 failing which his services would stand terminated w.e.f.15.05.2011. The learned counsel for the petitioner has submitted that the proceedings 2 about the validity of the caste claim of the petitioner is pending before the 1st Respondent-Scrutiny Committee. He invited our attention to the orders passed by this Court which are annexed at Exh.”H” collectively raising somewhat identical issues. The learned AGP has produced communication dated 11.05.2011 informing him that the Committee will decide the caste claim of the petitioner within eight weeks. The said communication is taken on record and marked “X” for identification. 3. In view of this, we direct the petitioner to appear before the Committee on 18.05.2011. The Committee may hear the petitioner on that day or may fix any other suitable date. The petitioner shall extend co-operation in deciding his claim. The Committee shall decide the caste claim of the petitioner within eight weeks from 18.05.2011 by following the due process of law and shall communicate its decision to the petitioner as also the 2nd Respondent Corporation. 4. In the result, petition is allowed with the following directions:- (i) The 1st Respondent Committee is directed to decide the caste claim of the petitioner within a period of eight weeks from 18.05.2011 after giving reasonable opportunity of 3 hearing to the petitioner. (ii) the petitioner shall appear before the 1st Respondent Committee on 18.05.2011 and as such, requirement of formal notice by the Committee to the petitioner is dispensed with. (iii) The services of the petitioner shall not be terminated on the ground of non submission of caste validity certificate till the decision of the 1st Respondent Committee, and in case the order of the 1st Respondent Committee is adverse to the petitioner, then for a further period of four weeks from the date of communication of the said order to the petitioner. (iv) Rule is made absolute in the aforesaid terms. There shall be no order as to costs. (R.G.KETKAR, J) (SMT.M.R.BHATKAR, J.)