Pratibha Nimbaji Ahire v. The State Of Maharashtra, Through Secretary And ORS.

901-wp-9568-17 pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9568 OF 2017 Pratibha Nimbaji Ahire .. Petitioner

Versus

State of Maharashtra and ors.

.. Respondents Mr. R. K. Mendadkar for petitioner.

Mr. A. I. Patel, AGP for State.

CORAM: NARESH H. PATIL & PRAKASH D. NAIK, JJ.

SEPTEMBER 01, 2017.

P.C.

1.

The learned counsel appearing for the petitioner submits that petitioner's caste certificate was referred to the respondent no.2 - Scheduled Tribe Caste Certificate Scrutiny Committee, Nashik. According to the learned counsel, in the year 2012, respondent no.2 - Committee conducted the hearing of the matter but since then no decision has been taken, neither it was communicated to the petitioner. The learned counsel submits that the petitioner has now received intimation dated 30/12/2016

901-wp-9568-17 from the Chief Executive Officer, Zilla Parishad, Nashik to submit the caste validity certificate, else appropriate action would be taken against the petitioner. The petitioner is in service of Zilla Parishad. 2.

Learned AGP, on instructions, submits that within three months, a fresh decision on merits will be taken by the respondent no. 2Committee. 3.

We direct the respondent no. 2 - Committee to take appropriate decision on the application dated 4/8/2005 filed by the petitioner within three months from today by providing opportunity of hearing to the petitioner. The petitioner shall appear before the respondent no. 2 - Committee on 15/09/2017 at 11.00 a.m. 4.

For a period of three months, we direct the Chief Officer, Zilla Parishad, Nashik, not to take any adverse action against the petitioner on account of non submission of the caste validity certificate. 5.

With the aforesaid directions, petition stands disposed of. (PRAKASH D. NAIK, J.) (NARESH H. PATIL,J.)