Shobha Ramdas Ahire @ Shobha Ravindra Shinde v. Divisional Caste Certificate Scrutiny Committee Dhule Through Its Member Secretary And Others

(1) W.P.No.

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5398 OF 2017 Shobha d/o Ramdas Ahire @ Shobha w/o Ravindra Shinde Petitioner

Versus

Divisional Caste Certificate Scrutiny Committee, Dhule and others Respondents Mr.S.S.Phatale, advocate for the petitioner.

Mr.P.S.Patil, A.G.P. for Respondents No.1 to 4. Respondent No.5 deleted vide Court's order dated 21.04.2017. CORAM : R.M. BORDE AND K.L. WADANE, JJ.

DATE : 21st April, 2017 P.C. :

Leave to delete name of Respondent No.5 from the array of respondents on the request and risk of the petitioner. The petitioner is an elected Corporator representing reserved constituency of Municipal Corporation. The caste certificate issued to the petitioner has been referred for verification to Respondent No.1 Committee and the proposal is stated to be pending. The petitioner apprehends adverse action on account of her failure to submit caste validity certificate within the statutory period. In the facts of this case, petition can be disposed of by issuing a direction to Respondent No.1 - Committee to take decision on

(2) W.P.No. the proposal of the petitioner for verification of her caste certificate, as expeditiously as possible and preferably within a period of six months from today; and it is accordingly directed.

In the meanwhile, in view of the order passed by the Hon'ble Supreme Court in 13.02.2017 in Petition (S) for Special Leave to Appeal {C} No.(S) 29874-29875/2016, respondents are directed not to take any coercive action against the petitioner on the ground of her failure to submit validity certificate till the decision of the Scrutiny Committee and appropriate steps can be taken in accordance with decision of Respondent No.1-Committee.

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

(K.L. WADANE) (R. M. BORDE) JUDGE JUDGE adb/wp5398.17