Prashant Balaji Poshetti v. The State Of Maharashtra Through Its Secretary And Another

2024:BHC-AUG:1623-DB wp-747.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 WRIT PETITION NO. 747 OF 2024 PRASHANT BALAJI POSHETTI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ANOTHER ...

Mr. Chandrakant R. Thorat Advocate for Petitioner. Mr. P.S. Patil, Additional G.P. for Resp. Nos. 1 and 2. ...

CORAM: SMT. VIBHA KANKANWADI AND S.G. CHAPALGAONKAR, JJ.

DATE : 22nd JANUARY 2024 ORDER :

1.

Present Petition has been filed for following relief:- "(A) By issuing Writ of Mandamus or any other appropriate writ or direction in the like nature, the respondent No.2 Tribe Certificate Scrutiny Committee, Kinwat, Headquarter Chhatrapati Sambhajinagar, be pleas to direct to decide the Tribe claim of the petitioner within two month from the date of order of this Hon'ble Court."

2.

In view of the relief claimed, the Petition can be disposed of at this stage itself.

wp-747.24 3.

At one stage learned Advocate for the petitioner submits that it was the wrong advise which was given to the petitioner to withdraw his claim and therefore, after getting a proper advise, the petitioner has filed the proposal afresh. Learned AGP submits that the conduct of the petitioner is, therefore, required to be considered.

4.

We are not going into the other merits of the case. Since the proposal is pending before respondent No.2 - Scheduled Tribe Certificate Verification Committee, it should be decided within reasonable time and further taking into consideration the fact that as regards the claim of the student is concerned, the same should not be withheld beyond the expected period. We, therefore, direct that respondent No.2 Committee to decide the tribe claim of the petitioner within a period of four months from today.

5.

With these observations, the Writ Petition stands disposed of.

[S.G. CHAPALGAONKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/JAN24