Shailendra Ganpat Ramod v. The State Of Maharashtra And Others

1 6-WP-2478-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2478 OF 2020 Shailendra s/o Ganpat Ramod

...Petitioner

Versus

The State of Maharashtra and Ors.

Mr M.A. Golegaonkar, Advocate for Petitioner Mrs. M.A. Deshpande, AGP for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 17th FEBRUARY, 2020 PER COURT :

1.

The learned Counsel for the petitioner submits that the caste certifcate has been cancelled and confscated by the Scrutiny Committee under the order dated 11th January, 2017 on the ground that the spelling of the tribe is incorrectly spelled.

2.

The learned Counsel submits that the petitioner has applied for corrected tribe certifcate in the year 2018. The same is not issued.

3.

The learned Assistant Government Pleader submits that the petitioner has not submitted the original one nor the attested copy of tribe certifcate.

2 6-WP-2478-2020 4.

The petitioner shall apply with the Scrutiny Committee for receipt of the attested tribe certifcate within a period of two weeks from today.

5.

The Scrutiny Committee on receipt of the application, shall issue the attested tribe certifcate to the petitioner within a period of one week. The petitioner on receipt of the same, shall produce the attested tribe certifcate with the Sub Divisional Ofcer, Dharmabad, Dist. Nanded within a period of one week.

6.

The Sub Divisional Ofcer, Dharmabad, Dist. Nanded after confrming the issuance of the tribe certifcate by his ofce, shall issue corrected tribe certifcate to the petitioner within a period of two weeks from the date of submission of attested copy. The petitioner on receipt of the corrected tribe certifcate, shall present the same to the Scrutiny Committee within a period of one week. The Scrutiny Committee shall thereafter decide the proceeding on its own merits expeditiously.

7.

The learned Counsel submits that the petitioner has been placed on the supernumerary post on the ground that validity certifcate is not submitted.

3 6-WP-2478-2020 8.

The order is passed without notice to the petitioner and without hearing the petitioner.

9.

In light of that, the impugned order is set aside. 10.

The writ petition is accordingly disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta