Sujit S/O Mardansingh Murade v. The State Of Maharashtra And 3 ORS

918-WPL.2590.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2590 OF 2019 Dr.Sujit S/o. Mardansingh Murade } Petitioner versus The State of Maharashtra and Ors.

} Respondents Ms.Madhavi Ayyappan i/b. M/s.Talekar and Associates for the petitioner.

Ms.Geeta Shastri-Additional Government Pleader for State.

Ms.Vandana Mahadik for the Municipal Corporation. Ms.Swati Vishwas Lagawankar-Administrative officer, B.Y.L. Nair Hospital present.

CORAM :- S. C. DHARMADHIKARI & G. S. PATEL, JJ.

DATED :- SEPTEMBER 20, 2019 P.C. :- 1.

On this writ petition, we had called upon Ms.Shastri to take instructions. Ms.Shastri produces before us today a copy of the certificate of validity issued by the District Caste Certificate Scrutiny Committee, Aurangabad dated 19th September, 2019. 2.

Now that the certificate is produced and that it is certified that the petitioner belongs to Rajput Bhamta caste/tribe, needless to clarify that this certificate of validity issued to the petitioner J.V.SALUNKE,PS

918-WPL.2590.2019.doc can be relied upon so as to claim appropriate benefits in the service, which the petitioner is rendering in the Municipal Corporation of Greater Mumbai as also to seek any promotional avenues should they be extended to the candidates belonging to the reserved category. All contentions, insofar as that issue is concerned, are kept open.

3.

We do not think that beyond ensuring that the petitioner gets a certificate of validity in terms of this court's earlier order, we can pass any other and further orders. The claim for promotion, if considered on the basis of our order and directions issued today, the petitioner may not have any surviving grievance. Should it not be considered, then, the petitioner can, insofar as the reliefs claimed in terms of prayer clauses (c) and (e), raise the said issue in appropriate proceedings. Keeping that issue open, the writ petition is disposed of.

4.

The original certificate of validity issued by the Scrutiny Committee is handed over to the learned advocate appearing for the petitioner and a copy of the same is taken on record and marked as 'X' for identification.

(G.S.PATEL, J.) (S.C.DHARMADHIKARI, J.) J.V.SALUNKE,PS