Vaijayanta Madanrao Kalbone @ Vaijayanta Shivshankar Mamilwad v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4591 OF 2017 Vaijayanta d/o Madanrao Kalbone Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Aurangabad & others Respondents Mr. S.B. Gastgar, advocate for the petitioner. Mr. V.M. Kagne, A.G.P. for Respondent no. 1.

Mr. S.B. Deshpande, ASG for respondents 2 and 3. CORAM : R.M.BORDE & K.L. WADANE, JJ.

DATE : 7th APRIL, 2017 PER COURT:

1.

Petitioner claims to be belonging to Koli Mahadev Scheduled Tribe and has been inducted in employment as against the seat reserved for Scheduled Tribe category. Tribe certificate issued in favour of petitioner is referred for scrutiny to respondent no. 1 - Committee and the proposal is still stated to be pending. In the meanwhile, respondents 2 and 3 have initiated departmental proceeding against petitioner on account of his failure to submit validation certificate.

2.

Instant petition can be disposed of by issuing direction to

{2} wp4591.17.odt respondent no. 1 Committee to take decision on the tribe certificate validation proposal of petitioner, as expeditiously as possible, preferably within a period of 9 months from today and, it is accordingly directed. In the meanwhile, respondents 2 and 3 shall not proceed with the departmental enquiry already initiated and shall not take any adverse action against the petitioner. It would be open for respondents 2 and 3 to take appropriate steps depending upon the outcome of the proceeding relating to validation of tribe certificate.

3.

With the directions as above, writ petition stands disposed of.

( K. L. WADANE ) ( R.M.BORDE ) JUDGE JUDGE dyb