(1) wp70-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 70 OF 2010 Smt. Bhavana Sahebrao Sapkale PETITIONER VERSUS The State of Maharashtra and another RESPONDENTS .... Ms. Surekha Mahajan, advocate for the petitioner. Mr. S.M. Godsay, advocate for the respondent No.1. Mr. R.P. Phatke, advocate for the respondent No. 2. .... CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATE : 28th APRIL, 2011 ORAL ORDER : The petitioner is aggrieved by the fact that the Caste Scrutiny Committee has not decided her tribe claim of being a Tokre Koli, as yet. 2. The petitioner was selected to the post of Upper Division Clerk with the first respondent. After she was selected, her caste certificate was sent for scrutiny before the Caste Scrutiny Committee. It appears that the Vigilance Cell Enquiry has been completed. However, the Scrutiny (2) wp70-10 Committee has not decided the matter as yet. As a result, the petitioner was required to approach this Court in its writ jurisdiction. The adjournments were sought time and again on behalf of the Committee. It appears, however, that the Committee has not passed any orders as yet. By order dated 22nd October, 2010, this Court had directed that the selection of the petitioner should not be cancelled on the ground that the Validity Certificate was not submitted. 3. We are inclined to dispose of the Writ Petition by directing the Scrutiny Committee to decide the tribe claim of the petitioner within two months from today. 4. The learned advocate, appearing for the respondent No.1, submits that it is now over a year since the Division Bench passed the order refusing permission to cancel the petitioner's selection to the post. He submits that in view of the Government Resolution dated 25th November, 2009 and the Circular issued by the respondent No. 1, dated 28th April, (3) wp70-10 2009, such an order cannot be continued. According to him, the waiting list is to be maintained only for one year and, therefore, the earlier order directing the Company to continue with the selection made of the petitioner should be vacated. 5. In our opinion, since the selection of the petitioner was made on 2nd February, 2009 and the caste certificate was sent by the respondent No.1 to the Caste Scrutiny Committee on 25th May, 2009, it would not be appropriate to cancel the selection made in favour of the petitioner only on the ground that the Scrutiny Committee has not decided her caste claim as yet. Although the waiting list is to be continued for a period of one year, the fact that the petitioner was selected, is not disputed. That selection was made on 2nd February, 2009, which was before the Circular issued by the respondent No.1 - Company or the Government Resolution, issued on 25th November, 2009. In these circumstances, we dispose of the writ petition with the following order. 6. The Caste Scrutiny Committee shall decide (4) wp70-10 the tribe claim of the petitioner within two months from today. Till then, the selection of the petitioner to the post of Upper Division Clerk shall not be cancelled only on the ground that she has not submitted her Validity Certificate. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] NPJ/wp70-10