Vikas Govindrao Bodamwad v. The State Of Maharashtra And Others

W.P.383/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 383 OF 2018 Vikas Govinidrao Bodamwad ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr A.V. Patil (Indrale), Advocate for petitioner Mr S.G. Karlekar, A.G.P. for respondents CORAM : S.V. GANGAPURWALA & A.M. DHAVALE, JJ DATE : 11th January 2018 PER COURT 1.

Notice to respondents. Learned A.G.P. waives notice for all the respondents.

2.

Mr Patil, learned Counsel submits that the proposal seeking validation of the tribe claim of the petitioner is referred to the Committee on 3.12.2016. The same is still pending. However, the employer has issued notice to the petitioner directing the petitioner to produce validity certificate or else the petitioner would be terminated. 3.

The learned A.G.P. submits that if the petitioner is appointed from the reserve category, the petitioner is duty bound to submit the validity certificate within one year.

4.

To get the proceedings decided within the stipulated time is not in the hands of the litigant. Considering above, we pass the following order.

W.P.383/2018 5.

The respondent no.2 - Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, within nine months from the date of receipt of this order. The petitioner shall co-operate in expeditious disposal of the proceedings.

6.

The petitioner shall appear before the Committee on 30th January 2018.

7.

The impugned notice is quashed and set aside. 8.

The respondent no.3 shall not take adverse action against the petitioner only on the ground that validity certificate is not submitted by the petitioner.

9.

The respondent no.3 can take further course of action depending upon the judgment that would be delivered by the Committee.

10.

Writ Petition stands disposed of. No costs.

( A.M. DHAVALE, J.) ( S.V. GANGAPURWALA, J.) vvr