Jivan Machindra Palampalle v. The State Of Maharashtra And Others

1 Sr942WP2794.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 2794 OF 2018 Jivan Machindra Palampalle ... Petitioner

VERSUS

The State of Maharashtra & Ors.

... Respondents ..........

Shri. Sunil M. Vibhute, Advocate for the petitioner Mrs A. S. Shinde, AGP for respondent/State .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 12TH APRIL, 2018.

ORDER:

1.

Shri. Sunil M. Vibhute, the learned counsel for the petitioner submits that, the petitioner is selected as Krishi Sevak, however, the appointment order is not issued on the ground that the validity is not yet submitted.

2.

The validation proceedings were filed in the year 2010. Those have been returned back on the ground that the caste certificate was not issued by the authority possessing territorial jurisdiction. The said order is set aside by this Court and the matter

2 Sr942WP2794.2018 is again remitted back. The learned Assistant Government Pleader, on instructions, submits that the matter is pending at the stage of vigilance. The clause 13.8 of the advertisement states that, if a person is held eligible for appointment from the reserved category, then within a period of six months from the date of appointment he should produce the validity certificate or his selection would stand cancelled. The petitioner is also relying on the Govt. Resolution dt.12.12.2011.

3.

Considering this, we pass the following order.

ORDER

(i) The Committee shall decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, preferably within four (4) months from today.

(ii) The petitioner shall appear before the Committee on 18.04.2018.

(iii) In case, there is no other impediment and the petitioner is eligible to be appointed, then the respondents shall not

3 Sr942WP2794.2018 refuse to appoint the petitioner provisionally only on the ground that the validity is not submitted. The provisional appointment can be made for a period of six months subject to production of validity certificate. 4.

With these observations, the writ petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde