Keshav Ukandrao Kusare v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7709 OF 2020 Keshav s/o Ukandrao Kusare ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.M. Vibhute, Advocate for the petitioner Mr. S.B. Pulkundwar, A.G.P. for respondent - State .......

WITH WRIT PETITION NO.7710 OF 2020 Balaji s/o Ramkishan Bokalwad ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.M. Vibhute, Advocate for the petitioner Mrs. V.N. Patil Jadhav, A.G.P. for respondent - State .......

CORAM :

S.V. GANGAPURWALA AND R. G. AVACHAT, JJ.

DATE :

23rd NOVEMBER, 2020 PER COURT :

1.

The learned A.G.P. accepts notice for respondent - State.

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2.

It is submitted that, validation proceedings in respect of the tribe claim of the petitioners are 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 posts.

3.

As the impugned orders are passed without notice to the petitioners, we quash and set aside the impugned orders. 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 them 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 proceedings expeditiously and preferably within a period of six months.

6.

The petitioners shall appear before the Committee on 16th December 2020, if the circumstances so

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permit.

7.

Writ petitions are disposed of. No costs.

[R. G. AVACHAT] [S.V. GANGAPURWALA] JUDGE JUDGE fmp/