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Bombay High CourtWP/7063/2021disposed off

Jyoti Mahadeorao Bhurmude v. The State Of Maharashtra And Others

2021-06-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice M. G. Sewlikar2 pages

1 64-wp 7063-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7063 OF 2021 Jyoti Mahadeorao Bhurmude .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Harshad H. Padalkar, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED : 28th JUNE, 2021.

PER COURT:- .

Issue notice to respondents. The learned Assistant Government Pleader accepts notice for all respondents.

2.

It is submitted that, validation proceeding in respect of the 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 post. 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

2 64-wp 7063-2021.odt 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 the respondent - Committee.

5.

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

6.

The petitioner shall appear before the Committee on 12.07.2021. 7.

In the light of the above, the writ petition is disposed of. No costs.

( M. G. SEWLIKAR ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.