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Bombay High CourtWP/1430/2020disposed offdismissed for default

Datta Baliram Kaletwad v. The State Of Maharashtra And Others

2020-01-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni3 pages

1 906-WP-1420-2020 & 2 Ors.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1420 OF 2020 CHAYA VITHAL JADHAV ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr S.M. Vibhute, Advocate for Petitioner Mr S.P. Tiwari, AGP for Respondents-State AND WRIT PETITION NO.1429 OF 2020 PUNDLIK NAMDEV KARLE ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr S.M. Vibhute, Advocate for Petitioner Mr A.B. Girase, Government Pleader for Respondents-State AND WRIT PETITION NO.1430 OF 2020 DATTA BALIRAM KALETWAD ...PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...RESPONDENTS Mr S.M. Vibhute, Advocate for Petitioner Mr A.B. Girase, Government Pleader for Respondents-State

2 906-WP-1420-2020 & 2 Ors. CORAM : S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 22ND JANUARY, 2020 PER COURT :

1.

It is submitted that validation proceedings in respect of the tribe claim of petitioners are pending with the scrutiny committee, the same are not decided.

2.

Without issuing notices to petitioners, the respondents have placed petitioners on the supernumerary posts. It is submitted by learned Counsel that the proposal has been submitted for the validation to the Committee well within the time as contemplated under the Circular dated 30.07.2013. 3.

As the impugned action is without notice to petitioners, we quash and set aside the impugned action.

4.

In case, respondents want to take action against petitioners of placing petitioners on supernumerary posts or otherwise, then notice shall be issued to petitioners giving opportunity to show cause. In that event, petitioners can fle reply and bring all the relevant facts to the notice of the respondent-Committee.

5.

The Committee shall decide the validation proceedings expeditiously and preferably within a period of six months.

3 906-WP-1420-2020 & 2 Ors. 6.

The petitioners shall appear before the Committee on 06.02.2020.

7.

Writ petitions accordingly disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta