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Bombay High CourtWP/9727/2017disposed off

Smt. Pooja Kishor Bhokre @ Pooja Sachin Bhoir v. The State Of Maharashtra , Through The Secretary And ORS.

2017-11-16Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Smt. Justice Vasanti A. Naik2 pages

913-WP-9727-2017.DOC Jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9727 OF 2017 Smt. Pooja Kishor Bhokre @ Pooja Sachin Bhoir ... Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Sachin B. Chandan, for the Petitioner.

Mr. N.C. Walimbe, AGP for State.

CORAM:

SMT. VASANTI A NAIK AND MR. RIYAZ I. CHAGLA, JJ.

DATED:

16TH NOVEMBER 2017 PC:- The only prayer made by the petitioner in the instant writ petition is for a direction against the respondent - scrutiny committee to decide the caste claim of the petitioner as early as possible.

It is stated on behalf of the petitioner that though the caste claim of the petitioner was tendered to the scrutiny committee along with all the documents on 31st March 2017, the scrutiny committee has not decided the same till date. It is stated that the scrutiny committee has now asked the petitioner to furnish some additional documents and the petitioner would submit the same shortly. It is stated that the vigilance inquiry in the matter of the caste claim of the petitioner is concluded and hence this court may direct the scrutiny committee to decide the matter within a time frame.

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913-WP-9727-2017.DOC Since the prayer made by the petitioner is innocuous, we dispose of the writ petition with a direction against the respondent scrutiny committee to decide the caste claim of the petitioner as early as possible and positively within eight months. No coercive steps should be initiated for the disqualification of the petitioner as a member of the corporation as the judgment in the case of Anant Hanumant Ulahalkar Vs. State of Maharashtra & Ors1 is stayed by the Supreme Court. It is needless to mention that the office of the petitioner is therefore protected till the scrutiny committee decides the caste claim of the petitioner and / or the Supreme Court decides the special leave petition in the case of Anant Ulahalkar (Supra).

Order accordingly. No costs.

( RIYAZ I. CHAGLA J. ) ( SMT. VASANTI A. NAIK, J. ) 12017(1) Mh.L.J. Pg. 431.

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