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Bombay High CourtWP/7422/2020disposed off

Nandu Baburao Suryawanshi v. The State Of Maharashtra And Others

2020-10-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

W.P.7422-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7422 OF 2020 Nandu s/o Baburao Suryawanshi ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr S.R. Barlinge, Advocate for petitioner Mrs V.S. Choudhari, A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 28th October 2020 PER COURT:

1.

The learned Counsel for the petitioner submits that the validation proceedings are pending. The respondent - employer has issued notice directing the petitioner to submit caste validity certificate within fifteen days or else the adverse action would be taken.

2.

The learned A.G.P. accepts notice for all respondents. 3.

To get the validation proceedings decided within stipulated period is not in the hands of the litigants.

4.

Considering the above, we pass the following order.

ORDER

(I) The impugned order is quashed and set aside.

(II) The respondent no.2 - Committee shall decide the validation proceedings expeditiously, preferably within four months from the date of appearance of the petitioner before it.

W.P.7422-2020 (III) The petitioner shall appear before respondent no.2 - Committee on 1st December 2020.

(IV) The respondent no.3 - employer shall not take adverse action against the petitioner only on the ground that the validation proceedings are pending. The respondent no.3 may take further course of action depending upon the judgment that will be delivered by the Committee in the validation proceeding. 5.

Writ Petition disposed of. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr