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Bombay High CourtCA/9924/2023disposed off

Dilip Dagadu Thakur v. The State Of Maharashtra And Others

2023-09-15Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade3 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 WRIT PETITION NO.14919 OF 2021 WITH CIVIL APPLICATION NO.9924 OF 2023 DILIP DAGADU THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr D. B. Shinde, Advocate for Petitioner;

Mr V. M. Kagne, A.G.P. for Respondent Nos.1 & 2 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 15th September, 2023 PER COURT:

1.

The prayer made in the Writ Petition is that, the Scheduled Tribe Certificate Scrutiny Committee (Committee) be directed to decide the claim of the Petitioner belonging to 'Thakur' Scheduled Tribe category, pending since 1992. 2.

The order of this Court, dated 05/08/2014, passed in Writ Petition No.1879/2014, directing the Committee to decide the proposal expeditiously, has not been complied with. Recently, the proposal of the Petitioner is disposed off on 05/05/2022, for the reason that the original tribe certificate of the Petitioner was

(2) misplaced by the Zilla Parishad. The case is awaiting submission of the corrected tribe certificate. The Petitioner is a physically challenged person and is nearing his retirement. 3.

Time and again, we have deprecated the conduct of the Committee for disposing of a proposal on the ground that the caste certificate is defective or for any such allied reasons. We have cautioned such Committees that they should keep the proceedings pending so that the proposal can be taken forward for adjudication, after the deficiencies are cured. The words of wisdom of the Court are falling on deaf ears of the Committee members. We have already directed the Government of Maharashtra to issue certain directions to all such Committees that, they should refrain from disposing of such proposals. 4.

In view of the above, this Writ Petition is disposed off, with a direction to the Competent Committee to decide the pending proposal of the Petitioner on or before 30/11/2023, keeping in view that the Petitioner would be retiring on 30/04/2024. The Petitioner shall appear before the Committee on 21/09/2023 at 12.00 noon, since the vigilance enquiry is over and hearing is also concluded.

(3) 5.

The pending Civil Application would not survive and stands disposed off.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk