Bombay High CourtWP/525/2015disposed offdismissed for default

Shaikh Sikandar Shaikh Nazirsab v. The State Of Maharashtra And Others

2015-01-15Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice V.L. Achliya2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.525/2015 Shaikh Sikandar s/o Shaikh Nazirsab Age 32 years, Occ-Nil R/o A/p Panbhosi,Tq.Kandhar Dist.Nanded .. PETITIONER

Versus

1] The State of Maharashtra Through it's Secretary, Social Welfare Department Mantralaya, Mumbai-400 032 [Copy to be served on Govt.

Pleader,High Court of Judicature of Bombay, Bench at Aurangabad.

2] Zilla Parishad Palghar Through its Chief Executive Officer Palghar 3] The Education Officer (Primary) Zilla Parishad, Palghar.

..RESPONDENTS ...

Mr.S.K.Mathpati,Adv. for petitioner Mr.U.S.Mote,AGP for respondent State.

...

CORAM : S.V.GANGAPURWALA & V.L.ACHLIYA,JJ.

DATE : 15th January, 2015.

P.C. :

Heard learned counsel for the petitioner. The learned

{2} wp525-15.odt counsel submits that this Court had set aside judgment of the Scrutiny Committee and remanded the matter for deciding the caste claim of the petitioner. After remand, the Committee validated the caste claim of the petitioner and issued validity certificate, as such order of termination is required to be set aside. 2] While remanding the matter to the Committee for deciding the validation proceedings afresh vide order dated 14/7/2014 in Writ Petition No.4108/2011, we have observed that the petitioner would be entitled to agitate the aspect of his termination in appropriate proceeding.

3] There is no impediment for the petitioner to approach the School Tribunal/appropriate forum for agitating his right against order of termination. All these aspects about the caste certificate being validated, can be considered by the Tribunal. The petitioner may claim all such reliefs including interim order before Tribunal which the Tribunal would consider on its own merits. 4] Writ Petition is accordingly disposed of with liberty to the petitioner to avail the alternate remedy. No costs. The Tribunal shall consider the time spent in prosecuting earlier Writ Petition and present Writ Petition.

V.L.ACHLIYA,J.

S.V.GANGAPURWALA,J.

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