Mita Dattatraya Nilewad v. The State Of Maharashtra And Others

W.P.5833-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 5833 OF 2021 Mita d/o Dattatraya Nilewad ..Petitioner

Versus

The State of Maharashtra and ors.

..Respondents Mr G.K. Chinchole, Advocate for petitioner Mrs V.N. Patil - Jadhav, A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 5th April 2021 PER COURT :

1.

The learned A.G.P. accepts notice for respondents. 2.

It is submitted that validation proceeding in respect of tribe claim of the petitioner is pending with the Scrutiny Committee, the same is not decided. Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary posts.

3.

As the impugned order is passed without notice to the petitioner, we quash and set aside the impugned order.

4.

In case the respondents want to take action against the petitioner placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner, calling upon her to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of respondent-Committee.

5.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of six months.

W.P.5833-2021 6.

The petitioner shall appear before the Committee on 27.4.2021, if the circumstances so permit.

7.

Writ Petition disposed of. No costs ( SHRIKANT D. KULKARNI, J.) ( S.V. GANGAPURWALA, J.) vvr