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Bombay High CourtWP/6941/2016disposed offdismissed for default

Vitthal Jaywant Anmulwad v. Scheduled Tribe Certificate Scrutiny Committee Through Its Member Secretary And Others

2017-02-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K.L. Wadane2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6941 OF 2016 Vitthal Jaywant Anmulwad .. Petitioner

Versus

Scheduled Tribe Certificate Scrutiny Committee through its Member Secretary and others .. Respondents Shri Sagar S. Phatale, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl.G.P. for the Respondent No. 1. Shri G. V. Mohekar, Advocate for the Respondent No. 2. CORAM : S. V. GANGAPURWALA AND K. L. WADANE, JJ.

DATE : 21ST FEBRUARY, 2017.

PER COURT :

.

Mr. Phatale, the learned counsel for the petitioner submits that, caste certificate of the petitioner was confiscated as while issuing caste certificate the authority had wrongly spelt the tribe Mannervarlu. Now fresh certificate has been obtained and within a week the proposal would be submitted to the Committee. The said statement is accepted.

2.

Mr. Mohekar, the learned counsel appears for the respondent No. 2 and submits that, the petitioner has given undertaking to submit the validity within six months.

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We have also heard the learned Additional Government Pleader for the respondent No. 1.

4.

The petitioner shall submit the proposal with the committee within a week from today. After the petitioner produces acknowledgement of the proposal being submitted to the Committee for validation, the respondent No. 2 shall consider the proposal of the petitioner for grant of approval and shall not reject it on the ground that the validation proceeding is pending. The same shall be considered provisionally subject to the validity if given by the committee. The salary of the petitioner shall not be withheld by the respondent No. 2 only on the ground that validation proceedings is pending. The committee on receipt of the said proposal from the petitioner, shall decide the proceedings expeditiously and preferably within a period of one year from the date of receipt of the proposal. Of course, the respondent Nos. 2 and 3 can take further course of action on the basis of judgment that will be delivered by the committee in validation proceedings. The writ petition is disposed of. No costs.

[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Feb. 17