Sagar Mahadev Umbarje v. State Of Maharashtra Thr. Secretary Tribal Development Dept. And ORS

Urmila Ingale by URMILA PRAMOD INGALE Date:

2022.03.09 11:10:35 +0530 URMILA PRAMOD INGALE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1123 OF 2022 Sagar Mahadev Umbarje .. Petitioner Vs.

State of Maharashtra and ors.

.. Respondents ------------ Mr. T. V. Jadhav a/w Mr. R. K. Mendadkar, for Petitioner. Mr. P. P. Kakade, GP a/w Ms. R. A. Salunkhe, AGP for State. ------------ CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : MARCH 8, 2022 P.C. :

1.

An affidavit of service is filed by the petitioner. It appears therefrom that the petitioner's employer, Punjab National Bank, has been duly served. None appears on its behalf.

2.

Having regard to the nature of controversy involved in this writ petition, we proceed to dispose of the writ petition at the admission stage.

3.

The facts and circumstances which drove the petitioner to institute this writ petition has been recorded in our earlier order dated February 25, 2022; therefore, we refrain from repeating the same here. However, we note

that in compliance with such order, caste certificate has been issued in favour of the petitioner by the competent authority in Form-C on March 3, 2022. In view of issuance of such caste certificate, it would now be necessary for the petitioner to approach the Scheduled Tribe Certificate Scrutiny Committee, Pune Division, Pune (hereafter "the Committee", for short), respondent no.2, for verification of his caste status.

4.

We permit the petitioner to approach the Committee within a week from date with the original of the caste certificate dated March 3, 2022. If the petitioner does not approach the Committee, it may suo motu undertake the exercise of verifying his caste certificate. The Committee shall, thereafter, proceed in accordance with law and give its decision as early as possible, preferably within 6 months from the date of receipt of a copy of this order. 5.

Apart from the petitioner, office shall also serve a copy of this order on the respondent no. 2.

6.

If the Committee's decision on the caste status of the petitioner is adverse to his interest, the petitioner's employer shall remain restrained from terminating his service for a period of a fortnight after such decision is communicated to the petitioner. However, if the decision on verification of the caste status is favourable to the petitioner, further action as the petitioner apprehends may not be taken.

7.

The writ petition is disposed of. All contentions on merits of the petitioner's caste status are left open. No costs.

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