Kaustubh Pramod Phulkar v. The State Of Maharashtra Through Tribal Development Dept. And ORS

906-wp-10414-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELALTE JURISDICTION WRIT PETITION NO.10414 OF 2018 Kaustubh Pramod Phulkar

...Petitioner

vs.

State of Maharashtra and Others

...Respondents

Ms. Priyanka Shah I/b.Mr. R.K. Mendadkar, for the Petitioner Mr. S.B. Kalel, AGP for Respondent Nos. 1 to 3-State. CORAM : SHANTANU S. KEMKAR & SARANG V. KOTWAL, JJ.

DATE :

SEPTEMBER 18, 2018 P.C.:

.

Parties through their counsel.

2.

The grievance of the Petitioner is that Respondent No. 2 - Scheduled Tribe Certificate Scrutiny Committee, Nashik (in short "the Committee") has not decided the Petitioner's caste claim as yet. According to the Petitioner, the caste claim is pending since 4th December, 2012.

3.

Having considered the submissions made by the learned counsel for the parties and having regard to the fact that the Petitioner's caste claim is pending since 2012, we dispose of this Petition by directing the Committee to decide the Petitioner's caste claim as expeditiously as possible but in any case not later Vishal Parekar 1/2

906-wp-10414-2018.doc than two months from the date of appearance of the Petitioner before the said Committee.

4.

While deciding the caste claim of the Petitioner, the Committee to consider the law laid down in the case of Apoorva Vinay Nichale v/s Divisional Caste Certificate Scrutiny Committee No.1 and Others, reported in 2010 (6) Mh.L.J. 401. 5.

The Petitioner to appear before the Committee on 3rd October, 2018 at 11.00 am.

6.

With the aforesaid direction the Petition is disposed of. (SARANG V. KOTWAL, J.) (SHANTANU S. KEMKAR, J.) Vishal Parekar 2/2