Balaji Shivajirao Poradwar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.578 OF 2016 Balaji s/o Shivajirao Poradwar ...PETITIONER

VERSUS

The State of Maharashtra and others.

...RESPONDENTS ...

Mr.S.M. Vibhute Advocate for Petitioner.

Mr.P.S. Patil, A.G.P. for Resp. Nos.1, 2 & 7. Mr.A.G. Patunkar Advocate for Resp. Nos.5 & 6. ...

CORAM: S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATE : 18TH MARCH, 2016 ORDER :

1.

Heard learned counsel for the respective parties. The validation proceedings in respect of the tribe claim of the Petitioner are pending since September 2013.

2.

Considering the above, we pass the

following order:

3.

The Respondent No.7 - Scrutiny Committee shall decide the validation proceedings in respect of the tribe claim of the Petitioner expeditiously, preferably within NINE MONTHS. The Petitioner shall co-operate in expeditious disposal of the said proceedings. The Petitioner shall appear before the Scrutiny Committee on 11th April, 2016.

4.

Till the validation proceedings are pending, the Respondents shall not take any coercive action against the Petitioner only on the ground that validation proceedings are pending. Of course the Respondents can proceed further in tune with the decision in the validation proceedings. 5.

The Authorities shall decide the proposal sent by the institute in respect of the Petitioner on its own merits, in accordance with law and

shall not reject it only on the ground that validation proceedings are pending. Any decision given on the same would be subject to the decision of the Scrutiny Committee in the validation proceedings.

6.

The Writ Petition accordingly disposed of. No costs.

[A.I.S.CHEEMA,J.] [S.V. GANGAPURWALA, J.] asb/MAR16