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Bombay High CourtWP/7954/2020disposed off

Seema Kamaji Kandare v. The State Of Maharashtra And Others

2020-12-02Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 916-WP-7954-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7954 OF 2020 Seema Kamaji Kandare

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Mr S.S. Phatale, Advocate for Petitioner Mr K.N. Lokhande, A.G.P. for Respondents-State CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 2nd DECEMBER, 2020 PER COURT :

.

The learned A.G.P. accepts notice for all respondents. 2.

It is submitted that validation proceeding in respect of the tribe claim of the petitioner is pending with the scrutiny committee, the same is not decided.

3.

Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary post. 4.

As the impugned orders are without notice to the petitioner, we quash and set aside the impugned orders.

5.

In case the respondents want to take action against the petitioner placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving to show cause. In that event,

2 916-WP-7954-2020 the petitioner can file reply and bring all the relevant facts to the notice of the respondent-committee.

6.

The Committee shall decide the validation proceeding expeditiously and preferably within a period of six (06) months. 7.

The petitioner shall appear before the committee on 22.12.2020 if the circumstances so permit.

8.

Writ petition is disposed of. No costs.

[ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta