Ramkishan Harishchandra Aulwar v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 69 WRIT PETITION NO. 7463 OF 2020 Ramkishan Harishchandra Aulwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sunil M. Vibhute, Advocate for the Petitioner. Mr. S. B. Pulkundwar, AGP for Respondents-State. AND 70 WRIT PETITION NO. 7464 OF 2020 Vidhya Suryakant Nagshettiwar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Sunil M. Vibhute, Advocate for the Petitioner. Mrs. V. N. Patil-Jadhav, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATED : 02nd NOVEMBER, 2020.

PER COURT:- .

The learned A.G.P. accepts notice for respondents-State. 2.

It is submitted that validation proceeding in respect of the tribe claim of the petitioners is pending with the scrutiny committee, the same is not decided. Without issuing notice to the petitioners, the respondents have placed the petitioners on the supernumerary post.

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As the impugned order is passed without notice to the petitioners, we quash and set aside the impugned order. 4.

In case, the respondents want to take action against the petitioners placing the petitioners on supernumerary post or otherwise, then notice shall be issued to the petitioners, calling upon him to show cause. In that event, the petitioners 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. 6.

The petitioners shall appear before the committee on 01st December, 2020, if the circumstances so permit. 7.

Writ petitions are disposed of. No costs.

( R. G. AVACHAT ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.