Narendra Rajaram Thakur v. Scheduled Tribe Certificate Scrutiny Committee Nandurbar Through Its Member Secretary And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4724 OF 2017 Narendra Rajaram Thakur Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee, Nandurbar & another Respondents Mr. S.S. Phatale, advocate for the petitioner. Mr. P.S. Patil, advocate for respondent no. 1. Mr. S.B. Deshpande, ASG for respondent no. 2. CORAM : R.M.BORDE & K.L. WADANE, JJ.

DATE : 7th APRIL, 2017 PER COURT:

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, respondent no. 2 has 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} wp4724.17.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 three months from today and, it is accordingly directed. In the meanwhile, respondent no. 2 shall not proceed with the departmental enquiry already initiated and shall not take any adverse action against the petitioner. It would be open for respondent no. 2 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