Sindhubai Nivrutii Balne v. The State Of Maharashtra Though Its Secretary And Others
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 935 WRIT PETITION NO.4595 OF 2023 SANGITA KISHANRAO PITLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 940 WRIT PETITION NO.4603 OF 2023 MUKTABAI BHUJANGRAO DHOTRE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 941 WRIT PETITION NO.4604 OF 2023 THAKUBAI NIVRUTTI BALNE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...
AND 942 WRIT PETITION NO.4605 OF 2023 SINDHUBAI NIVRUTII BALNE
VERSUS
THE STATE OF MAHARASHTRA THOUGH ITS SECRETARY AND OTHERS ...
Advocate for the Petitioners : Shri Boinwad Omgashad B. AGPs for the Respondents/State : Shri S.G. Karlekar, Shri V.M. Kagne and Shri S.P. Tiwari Advocate for Respondents 3 : Shri U.B. Bondar
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CORAM : RAVINDRA V. GHUGE & SANJAY A. DESHMUKH, JJ.
DATE :- 20th April, 2023 Per Court :- 1.
In all these matters, the Petitioners are in employment. Their claims for validation of their caste/tribe are pending adjudication before the competent Committees. All of them have received show cause notices for termination if the validity certificates are not tendered.
2.
In Writ Petition No.4604/2023, it is stated that the certificate of "Mahadev Koli", Scheduled Tribe, issued to the Petitioner was cancelled on account of a spelling mistake on 30.12.2014 and the new certificate has been submitted to the Committee and the same is now a part of the pending proceedings.
3.
In Writ Petition No.4603/2023, the learned AGP submits that because of the change of jurisdiction of the Committee from Nashik to Aurangabad and then from Aurangabad to Kinwat, the file is misplaced. The Petitioner would cooperate in reconstruction of the file.
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The learned AGP submits that considering various orders being passed by this Court in students' matters, there is a heavy workload on these Committees. It is, therefore, requested to grant sufficient time to the Committees to decide the claims of the Petitioners.
5.
In view of the above, all these Writ Petitions are disposed off with the following directions:- (a) The Petitioners shall render wholehearted cooperation to the Committees for expeditious disposal of their validation claims and would refrain from seeking adjournments on unreasonable or trivial grounds, lest the Committees would be justified in progressing to the next stage in the proceedings. (b) The Petitioner in Writ Petition No.4603/2023 (Muktabai Dhotre) would submit a copy of her entire file to the Committee within 30 (thirty) days, to enable the Committee to reconstruct her file.
(c) The respective Committees shall decide the claims of these Petitioners, on or before 31.12.2023. (d) The Respondents/Employers in each of these petitions are directed not to terminate the services of these Petitioners solely for the reason that their claims are pending,
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(e) If any adverse order is passed by the Committee in relation to any of these Petitioners, such decision would be effective after 15 (fifteen) days so as to enable the Petitioners to avail of the remedies as may be prescribed in law. kps (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.)