(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7820 OF 2010 Smt. Megha d/o. Bhatulal Thakur, Age : 30 years, Occupation : Nil, R/o. Shirpur, Taluka : Shirpur, District : Dhule, presently residing at Pathardi Phata Police Quarters Building, Flat No.2, Agra Road, Nasik, District : Nasik. .. Petitioner. versus 1. The State of Maharashtra, through its Secretary, General Administration Department, Mantralaya, Mumbai. 2. The Committee for Scrutiny and Verification of Caste Claims, Nandurbar Division, Nandurbar. .. Respondents. ....................... Mr. S.R. Barlinge, Advocate, for the petitioner. Mr. N.B. Patil, Assistant Government Pleader, for respondent no.1. Mr. R.P. Phatke, Advocate, for respondent no.2. (2) ........................ CORAM : B.R. GAVAI & K.U. CHANDIWAL, JJ. DATE : 20TH SEPTEMBER 2010 ORAL JUDGMENT (Per B.R. Gavai, J.) : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. The petitioner has approached this court, contending that though almost for a period of two years, the Committee is seized of the matter, regarding the claim of the petitioner for determining her tribal status, the respondent no.2 / Committee has not yet decided the same. It is further contended that the report of the Vigilance Cell has also been received. Inspite of that, the claim is not decided by the Committee. 3. It is further submitted that in the meantime, the petitioner has been selected as Clerk-cum-Typist from the category reserved for Scheduled Tribe. Mr. Barlinge, learned Counsel appearing for the petitioner, therefore, submits that it is in the interest of justice, that the petitioner is directed to be appointed on provisional basis, subject to her caste (tribe) claim is determined. (3) 4. We find that the interest of justice would be met by passing the following order. 5. In the result, the petition is partly allowed. (i) The respondent no.2 / Committee is directed to decide the caste (tribe) claim of the petitioner, on its own merits, within a period of three months from today, after giving reasonable opportunity of hearing to the petitioner. (ii) The respondent no.1 is directed, not to fill up the post on which the petitioner claims to have been selected, for a period of three months from today. 6. Rule is made absolute in the aforesaid terms. However, there shall be no order as to costs. ( K.U. CHANDIWAL ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/wp7820