Bhila S/O Dharma Bagul v. The State Of Maharashtra And ANR

4. wp 115-22 Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 115 OF 2022 Bhila s/o. Dharma Bagul ..Petitioner vs.

The State of Maharashtra & anr.

..Respondents ------------ Mr. Sushant C. Yeramwar for petitioner.

MR. P.P. Kakade, GP a/w. Ms. Nisha Mehra, AGP for the State.

------------ CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : JANUARY 17, 2022.

Digitally signed by DIKSHA DINESH RANE Date:

2022.01.17 17:00:36 +0530 DIKSHA DINESH RANE P.C. :

1.

The petitioner is a primary school teacher. He belongs to Thakur-Scheduled Tribe and was appointed by an order dated September 10, 1985 on a post reserved for the Scheduled Tribe community.

2.

It is not in dispute that a proceeding for verifying the tribe status of the petitioner is pending before the respondent no.2/Scrutiny Committee, since 2012. The petitioner is anxious to have the decision of the Scrutiny Committee given prior to his retirement on superannuation on May 31, 2022 and accordingly, has invoked the writ jurisdiction of this Court for a direction upon the respondent no.2 to expedite the process and to give its decision as early as possible.

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4. wp 115-22 3.

Mr. Kakade, learned Government Pleader representing the respondents, submits that the decision of the Caste Scrutiny Committee shall be given within three (3) months from date.

4.

The statement of Mr. Kakade is accepted.

5.

The writ petition stands disposed of with a request to the respondent no.2 to proceed in accordance with law and to decide the tribe claim of the petitioner, in accordance with law, as early as possible but positively by the end of April, 2022. No costs.

6.

All contentions are left open.

(M. S. KARNIK, J.) (CHIEF JUSTICE) 2/2