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Bombay High CourtWP/8591/2017disposed offdismissed for default

Mohmed Najeeb Mohmed Ahmed Mohamad Ahmed v. District Caste Certificate Scrutiny Committee Jalna Through Its Member Secretary And Others

2017-08-09Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice S. M. Gavhane3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8591 OF 2017 Mohmed Najeeb Mohmed Ahmed Mohammad Ahmed ..

Petitioner

Versus

District Caste Certificate Scrutiny Committee Jalna Through Its Member Secretary and others ..

Respondents Mr.Sagar S.Phatale, Advocate for the petitioner Mr.A.V. Deshmukh, AGP for the respondent/State WITH WRIT PETITION NO.9695 OF 2017 Rajesh Chhotelalji Bhagat ..

Petitioner

Versus

The District Caste Certificate Verification Committee, Jalna through its Chairman and others ..

Respondents CORAM : R.M. BORDE & S.M. GAVHANE, JJ.

DATED :

09.08.2017 P.C. :- .

The petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed is elected as Municipal Councilor and

( 2 ) representative of Other Backward Class. It is informed that the caste certificate issued to the petitionerMohamed Najeeb Mohamed Ahmed Mohamad Ahmed is submitted for verification to the Scrutiny Committee and the proposal is still pending. The petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed apprehends adverse action at the hands of the Municipal Council, Jalna in view of the notice dated 26.05.2017 on account of failure of the petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed to submit the caste validation certificate. In these circumstances these petitions can be disposed of by directing respondent No.1 Committee to take the decision on the caste certificate verification proposal tendered by the petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed as expeditiously as possible, preferably within six months and it is directed accordingly.

2.

The petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed undertakes to cooperate respondent No.1 Committee in disposal of the validation claim. In the

( 3 ) meanwhile in view of the order passed by the Hon'ble Supreme Court on 13.02.2017 in Petition (S) for Special Leave to Appeal (C) No.(S) 29874-29875/2016, the respondents are directed not to take any coercive action against the petitioner-Mohamed Najeeb Mohamed Ahmed Mohamad Ahmed on the ground of his failure to submit the validation certificate till the decision of the Scrutiny Committee and appropriate steps be taken in accordance with depending upon the out come of the caste certificate validation proposal pending with respondent No.1 Committee. With the above directions the writ petitions stand disposed of.

[S.M. GAVHANE, J.] [R.M. BORDE, J.] / VishalK wp8591.17