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Bombay High CourtWP/2973/2018disposed off

Sudodh Prabhakar Bayaskar, v. State Of Maharashtra Through Its Secretary, And ORS.

2018-04-26Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

7-wp-2973-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2973 OF 2018 Subodh Prabhakar Bayaskar

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Mr. R.K. Mendadkar, for the Petitioner Mr. C.P. Yadav, AGP for the Respondent Nos. 1 and 2-State. Mr. Lancy D'Souza a/w. Ms. Deepika Agarwal i/b. Mr. V.M. Parkar, for Respondent No. 3.

CORAM : SHANTANU KEMKAR & MAKARAND KARNIK, JJ.

DATE :

APRIL 26, 2018 P.C.:

.

Parties through their counsel.

2.

With consent of the parties heard finally and disposed of at the stage of admission itself.

3.

The grievance of the Petitioner is that the second Respondent Committee is not deciding the Petitioner's caste validity claim which is pending before it since 3rd April, 2012. 4.

A prayer has been made to dispose of this Petition by directing Respondent No. 2 - Scheduled Tribe Certificate Scrutiny Committee (in short "the Committee") to decide the Petitioner's caste validity claim as expeditiously as possible. It is also the case Vishal Parekar 1/2

7-wp-2973-2018.doc of the Petitioner that for non production of caste validity certificate the Respondent No. 3 has issued a show cause notice to the Petitioner as to why his appointment should not be cancelled. 5.

Having regard to the submission made by the learned counsel for the parties, we are of the view that the Committee is expected to decide the caste validity claim of the Petitioner as expeditiously as possible. In the circumstances, we dispose of this Petition by directing Respondent No. 2 Committee to decide the Petitioner's caste validity claim on or before 31st December, 2018. 6.

The Petitioner to appear before the Committee on 7th May, 2018 at 11.00 am.

7.

Till the Petitioner's caste validity claim is decided, Respondent No. 3 shall not take any coercive steps based upon the show cause notice dated 16th February, 2018 (Exhibit "A"). 8.

The Petition stands disposed of as such.

(MAKARAND KARNIK, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2