Sainath Gangadhar Birmod v. The Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Member Secretary And

(1) 943-wp-9245-2018 (2)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 WRIT PETITION NO. 9245 OF 2018 SAINATH GANGADHAR BIRMOD ..PETITIONER

VERSUS

THE SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AURANGABAD THROUGH MEMBER SECRETARY ..RESPONDENTS ...

Mr. Sagar S. Phatale, Advocate for the Petitioner. Mr. P. K. Lakhotia, AGP for Respondent-State. Mr. Y. B. Bolkar, Advocate for Respondent Nos.2 and 3.

...

CORAM : S. V. GANGAPURWALA & SUNIL K. KOTWAL, JJ.

DATED : 09th AUGUST, 2018.

PER COURT:- 1.

The learned counsel for the petitioner submits that the petitioner has passed the first year B.Tech. Course. The validation proceeding is pending since year 2017, the same is not yet decided. The petitioner is facing problem for continuing studies in second year.

2.

The learned A.G.P. accepts notice for respondent no.1. Mr. Bolkar, learned counsel accepts notice for respondent nos.2 and 3.

3.

Considering the facts that, the validation proceedings is pending since 2017, we pass the following order:

(2) 943-wp-9245-2018 (2)

ORDER

(1) The respondent no.1-committee shall decide the validation proceedings in respect of the caste claim of the petitioner expeditiously and preferably within a period of seven (07) months from the date of the appearance of the petitioner.

(2) The petitioner shall appears before the committee on 30.08.2018.

(3) The respondent nos.2 and 3 shall not take any adverse action against the petitioner only on the ground that validation proceeding is pending. The respondent nos.2 and 3 may take further course of action depending upon the judgment that would be delivered by the committee in the validation proceedings.

4.

Writ Petition is disposed of. No costs.

(SUNIL K. KOTWAL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/August-18