Sarika Balaji Shetwad v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:16924-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7670 OF 2025 SARIKA BALAJI SHETWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

• Mr. Sunil Mahadevappa Vibhute, Advocate for the Petitioner • Mr. S. V. Hange, AGP for Respondent Nos. 1 and 2 ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 01.07.2025 PER COURT :

1.

Rule. Rule made returnable forthwith by the consent of the parties.

2.

Since respondent Nos. 3 and 4 are formal parties, notice is dispensed with. Learned AGP waives notice on behalf of respondent Nos. 1 and 2.

3.

The petitioner is seeking a specific direction for respondent No. 2 - the Scrutiny Committee to decide the pending tribe claim of the petitioner as belonging to Koli Mahadev, Scheduled Tribe. 4.

The learned AGP, on instructions, makes a statement that the proposal for verification of the tribe claim can be decided within a period of five weeks from today.

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5.

It is to be noted that the petitioner has given a specific undertaking before this Court in earlier Writ Petition No. 6070 of 2024 filed on her behalf and it is stated that she intends to abide by the said undertaking even in these proceedings, which is annexed to this petition, relevant portion of which reads as under:- "3.

That, pursuance to the above said order dated 25/06/2024 of the Hon'ble High Court, I hereby undertakes to this Hon'ble Court that, I will not claim any increment/pay fixation/promotion/service benefits etc., until my claim is validated"

6.

In view of above, the Writ Petition is disposed of with following directions:- A) Respondent No. 2 - the Scrutiny Committee is directed to finally dispose of the pending tribe claim of the petitioner within five weeks from today.

B) The petitioner shall abide by the above quoted undertaking given on affidavit in this petition. C) The petitioner is further directed to submit such an undertaking with respondent Nos. 3 and 4 within one week from today.

D) The respondent Nos. 3 and 4 are directed not to take any adverse action against the petitioner insofar as the service is concerned till the decision of respondent No. 2 - Scrutiny Committee.

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7.

It is made clear that the petitioner shall co-operate with respondent No. 2 - the Scrutiny Committee for disposal of the pending proposal of tribe verification within the time stipulated hereinabove. Respondent No. 2 - the Scrutiny Committee shall also take all necessary steps to ensure that the timeline is adhered to, particularly in the backdrop of the fact that in the earlier round, this Court had directed the Scrutiny Committee to dispose of the proceedings on or before 31.03.2025, which was extended in the second round before this Court up to 30.06.2025. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) jhs/ 3/3