Rakesh Ramsing Bhamare v. The State Of Maharashtra And Others

1 wp 1932.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1932 OF 2018 Rahul Ramesh Bhamare .. Petitioner

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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 1933 OF 2018 Bhanudas Gulab Bhamare .. Petitioner

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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 1947 OF 2018 Ganesh Gulab Bhamare .. Petitioner

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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 1950 OF 2018 Rakesh Ramsing Bhamare .. Petitioner

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The State of Maharashtra and others .. Respondents Shri Rakesh N. Jain, Advocate for the Petitioner in all petitions. Shri P. S. Patil, Addl.G.P. for Respondents/State in W. P. No. 1932 of 2018 and W. P. No. 1947 of 2018.

Mrs. M. A. Deshpande, Addl.G.P. for Respondents/State in W. P. No. 1933 of 2018 and W. P. No. 1950 of 2018.

2 wp 1932.18 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 14TH FEBRUARY, 2018.

FINAL ORDER :

.

The validation proceedings in respect of respective tribe claims of the petitioners are pending. In some cases those are pending since 2003 and in one case it is pending since 2008. 2.

The respective learned Additional Government Pleaders on instructions state that, all these validation proceedings are pending.

3.

We cannot comprehend the situation wherein validation proceedings are pending since the year 2003. In one case it is said that the petitioner remained absent twice for hearing. In other matters, notice is not issued by the Committee. The very purpose of getting validity within six months time is frustrated by the lethargy on the part of the committee. The candidates enjoy the employment even without the validity certificates. 4.

The learned Additional Government Pleaders on instructions of the Committee State that, the Committee would decide validation proceedings within a period of four (04) months from the date of appearance of petitioners. We accept said statement as an undertaking to this Court.

3 wp 1932.18 5.

The petitioners shall appear before the Committee on 28.02.2018. The petitioners shall not seek further adjournments before the Committee. The petitioners shall co-operate in expeditious disposal of the proceedings. Till the validation proceedings are decided, the respondent/employer shall not take any adverse action against the petitioners only on the ground that validation proceedings are pending. However, if employer notices that, the petitioners are seeking adjournments before the Committee, then the employer is at liberty to take further steps. The writ petitions are accordingly disposed of. No costs. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 18