Bhimrao Onkar Yelave v. The State Of Maharashtra And Othrs

W.P.7733-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 7733 OF 2020 Rahul Bhimrao Yelawe ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr B.S. Shinde, Advocate for petitioner Mr A. Chate, A.G.P. for respondents - AND - WRIT PETITION NO. 7729 OF 2020 Bhimrao Onkar Yelave ..

Petitioner

Versus

The State of Maharashtra and ors.

..

Respondents Mr B.S. Shinde, Advocate for petitioner Mr A.B. Chate A.G.P. for respondents CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 10th December 2020 PER COURT :

1.

It is submitted that validation proceedings in respect of the tribe claims of the petitioners are pending with the Scrutiny Committee. The same are not decided.

2.

Without issuing notice to the petitioners, the respondents have placed them on the supernumerary posts.

3.

As the impugned action is without notice to the petitioners, we quash and set aside the impugned action.

W.P.7733-2020 4.

In case the respondents want to take action against the petitioners of placing them on supernumerary posts or otherwise, then notice shall be issued to the petitioners giving them an opportunity to show cause. In that event, the petitioners can file reply and bring all the relevant facts to the notice of the respondent - Scrutiny Committee. 5.

The Scrutiny Committee shall decide validation proceedings expeditiously and preferable within a period of six months from the date of appearance of the petitioners before it.

6.

The petitioners shall appear before the Scrutiny Committee on 5th January 2021.

7.

Writ Petitions are accordingly disposed of.

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