Shailash Hulapa Papulwar v. Deputy Director Research And Member Secretary,

5404-20WP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5404 OF 2020 Shailesh s/o Hulappa Papulwar .. Petitioner

Versus

Deputy Director (Research) and Member Secretary, Scheduled Tribe Certificate Verification Committee, Aurangabad and anr.

.. Respondents Mr C.R. Thorat, Advocate for petitioner Mr K.N. Lokhande, A.G.P. for respondents no.1 and 2 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 9th September 2020 PER COURT:

1.

The order passed by the Scrutiny Committee dismissing the appeal filed by the petitioner is assailed.

2.

Mr Thorat, learned Counsel for the petitioner submits that the order under challenge is an ex-parte order. The petitioner did not receive the notice of hearing before the Committee. The petitioner be given opportunity to put forth case before the Committee. 3.

The learned A.G.P. submits that twice the notices were issued to the petitioner. The petitioner remained absent.

4.

We have considered the submissions. Perusal of the judgment transpires that the petitioner did not remain present for the hearing on two occasions.

5404-20WP 5.

We would not enter into the rigmarole of the service of notice upon the petitioner or otherwise. The matter concerns with the social status of the petitioner.

6.

In light of that, we pass the following order. 7.

The impugned order is quashed and set aside. The parties are relegated before the Committee. The petitioner shall appear before the Committee on 15th September 2020. In view of the fact that we have given the date of appearance, the Committee is not required to issue separate notice to the petitioner.

8.

The Committee shall decide the appeal filed by the petitioner expeditiously, preferably within three weeks from the date of appearance of the petitioner.

9.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr