Sachin Ashok Wagh v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Member Secretary

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.524 OF 2019 Sachin Ashok Wagh, Age: 35 years, Occ: Service, R/o. Hirapur Road, Chalisgaon, Tq. Chalisgaon, Dist. Jalgaon At present R/o. Building No.N-1, Vichare Mala, Government Quarter, Kolahpur, Dist. Kolhapur.

..PETITIONER

VERSUS

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar through its Member Secretary.

..RESPONDENT Mr Mahesh S. Deshmukh, Advocate for petitioner; Mr S.S. Dande, A.G.P. for respondent No.1;

CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 16th JANUARY, 2019 ORAL ORDER :

Heard Mr. Deshmukh, learned Counsel appearing for the petitioner.

2.

The limited grievance is raised in the

(2) petition. The petitioner had submitted his claim for validation to the Scrutiny Committee in the year 2006. The claim was pending before the committee for considerable long time. As such, the petitioner approached this Court by filing Writ Petition No.9180 of 2015. It was submitted before this Court on behalf of the committee that the committee will dispose of the pending claim expeditiously and within period of four months from the date of receipt of the copy of the order. Accepting this statement, the petition was disposed of.

3.

Real aunt of the petitioner namely Surekha Pundlik Wagh was before this Court along with other petitioners in Writ Petition No. 776 of 2012 and other connected members. The claim of aunt of the petitioner was negatived by the Scrutiny Committee. The Division Bench could not find any favour with the decision of the committee. Resultantly, the petition was allowed and the committee was directed to issue validity certificate in favour of the

(3) petitioners within stipulated period of two weeks from the date of the order.

4.

Mr. Deshmukh, learned Counsel submitted that the petitioner was appointed as General Assistant against seat reserved for scheduled tribe category, as such, is desirous of early decision of his claim.

5.

In view of this fact, we are of the opinion that the petition can be safely disposed of by issuing directions to respondent - Scrutiny Committee to decide the claim of the petitioner expeditiously and not later than twelve (12) weeks from the date of this order.

6.

Mr. Deshmukh, learned Counsel for the petitioner submitted that the petitioner would appear before the Committee on 28th January, 2019. 7.

With the above directions, the petition is disposed of.

(4) Authenticated copy of this order be supplied to learned A.G.P. Learned A.G.P. to communicate this order to the Scrutiny Committee. ( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe