Smt. Shrutika Ramesh Thakur v. The Scheduled Tribe Certificate Scrutiny Committee, Pune Region, Pune And ANR

910.WP.338.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 338 OF 2020 Smt. Shrutika Ramesh Thakur ....Petitioner

Versus

The Scheduled Tribe Certifcate Scrutiny Committee, Pune Region, Pune & Anr.

.....Respondents Mr. D.S. Patil a/w. B.G. Ligade, Advocate for the Petitioner. Mr. K.S. Thorat, AGP for the Respondent-State. CORAM : RANJIT MORE & SURENDRA P. TAVADE, JJ.

DATE : 16th JANUARY, 2020.

P. C. :

1.

Heard learned counsel for the respective parties. 2.

By this petition under Article 226 of the Constitution of India, 1949. the petitioner is seeking direction to respondent No.1 Scrutiny Committee to decide petitioner's caste claim that she belongs to "Hindu Thakur" Scheduled Tribe.

3.

It is the case of the petitioner that she is entitled for validity certifcate for the said claim in as much as two of her sisters have already been granted validity certifcate as belonging to "Hindu Thakur" Scheduled Tribe. The petitioner is aggrieved by the communication dated 20.12.2019 issued by respondent No.2 school, in which she is working as Assistant Teacher. By the said communication, the petitioner is informed that, despite repeated requests, she has not submitted caste validity certifcate and if the Aarti Palkar 1/2

910.WP.338.2020.doc same is not submitted, an appropriate further action would be initiated against her.

4.

Mr. Patil, learned counsel for the petitioner submitted that hearing regarding the petitioner's caste claim is concluded on 07.10.2019. However, till today the decision is not taken by respondent No.1 committee. 5.

In the above said facts, we deem it convenient to dispose of the petition by directing respondent No.1 to decide petitioner's caste claim as expeditiously as possible and preferably within a period of three weeks from the date of receipt of this order. Ordered accordingly. 6.

In order to enable respondent No.1 committee to comply with this order, the petitioner shall remain present before it on 27th January, 2020 at 11.00 a.m. along with the copy of this order. 7.

Till decision of respondent No.1 of petitioner's caste claim, respondent No.2 shall not take any coercive action against the petitioner in pursuance of the communication dated 20.12.2019. 8.

In the light of above, the writ petition stands disposed of. [SURENDRA P. TAVADE, J.] [RANJIT MORE, J.] Aarti Palkar 2/2