1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6525 OF 2010 Amrut s/o Ramji Dhole, Age 31 years, Occu.Service, R/o Wadwani, Taluka Wadwani, District Beed ..PETITIONER VERSUS 1. The State of Maharashtra, Through Secretary to Rural Development Department, Mantralaya, Mumbai 2. The Chief Executive Officer, Zilla Parishad, Beed, District Beed 3. The Schedule Tribe Certificate Verification Committee, Aurangabad through its Deputy Director (R), Aurangabad ..RESPONDENTS Mr.S.M.Vibhute, Advocate for petitioner Mr.K.J.Ghute Patil, Assistant Govt.Pleader for respondent No.1 Mr.P.P.Dama, Advocate for respondent No.2 Mr.R.P.Phatke, Advocate for respondent No.3 CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 22nd July 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2 2. The petitioner, who claims to be belonging to Andh – Scheduled Tribe came to be appointed as an Assistant Teacher by respondent No.2. The certificates of the petitioner came to be forwarded to the scrutiny committee for verifying the tribe status of the petitioner. During the pendency of the aforesaid proceedings, a communication dated 14.5.2010 came to be issued to the petitioner terminating his services. The respondent No.2 by order dated 29.5.2010 has granted stay to the order of termination for a period of two months. 3. According to us, since the proposal is pending consideration with the respondent – scrutiny committee, it is unjustifiable on the part of the respondents to terminate the services of the petitioner for failure of the petitioner to submit the validity certificate. In that light of the matter, therefore, we are inclined to allow this petition. 4. Accordingly, we allow this petition, quash and set aside the impugned communication and direct the petitioner to appear before the respondent – scrutiny committee on 13th August 2010 and further direct the Committee to decide the caste claim of the petitioner within one year of 13th August 2010. In the meantime, no adverse action be taken against the petitioner solely on the ground that the petitioner has failed to submit his validity certificate. 3 Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/6525.10wp)