Dhairyasheel Suryaji Gaikwad v. The State Of Maharashtra And ORS

(903)-WP-5584-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5584 OF 2017 Shri. Dhairyasheel Suryaji Gaikwad ..Petitioner

Versus

The State of Maharashtra and others ..Respondents Mr. Drupad S. Patil, Advocate for the Petitioner. Mr. P. G. Sawant, AGP for the Respondent - State. CORAM : B. R. GAVAI & N. J. JAMADAR, JJ.

DATE : 24th JANUARY, 2019 P.C.

1] Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2] The Petitioner has approached this Court since though the claim of the Petitioner claiming to be belonging to "Thakar" Scheduled Tribe is pending since long before the Respondent No.2 - Scrutiny Committee and on account of non-submission of Caste Validity Certificate, the Petitioner has been served with a notice by Respondent No.3 dated 2nd July 2016, directing him to submit the Caste Validity Certificate within a period of one month from the said date, failing which his services shall stand terminated. BGP. 1 of 2

(903)-WP-5584-17.doc.

3] It is the case of the Petitioner that the claim of the Petitioner's real brother has already been validated. 4] It is not in the hands of the Petitioner as to within how much time, the Respondent No.2 - Scrutiny Committee would decide the claim of the Petitioner. However, on account of nondecision of the Respondent No.2 - Scrutiny Committee, the Petitioner cannot be panalized. In that view of the matter, we are inclined to allow the Petition in the following terms :- I) The Respondent No.2 - Scrutiny Committee is directed to decide the claim of the Petitioner as expeditiously as possible and in any case, within a period of six months from today.

II) Till the Respondent No.2 - Scrutiny Committee decides the claim of the Petitioner and in the event the order passed by the Respondent No.2 - Scrutiny Committee is adverse to the interest of the Petitioner, no coercive steps to be taken against the Petitioner on the ground of non-submission of Caste Validity Certificate, for three weeks thereafter.

[N. J. JAMADAR, J.] [B. R. GAVAI, J.] BGP. 2 of 2