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Bombay High CourtWP/9052/2020disposed off

Vishal Devidas More v. The State Of Maharashtra And Others

2021-01-05Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.9052 OF 2020 VISHAL DEVIDAS MORE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr Sunil M Vibhute AGP for Respondents State: Mr S. P. Tiwari

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE : 5th January, 2021 ORDER:

1.

The learned A.G.P. accepts notice for respondent - State. 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. Without issuing notice to the petitioner, the respondents have placed the petitioner on the supernumerary posts. 3.

As the impugned order is passed without notice to the petitioner, we quash and set aside the impugned order.

4.

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, calling upon him to show cause. In that event, the petitioner 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 petitioner shall appear before the Committee on 28.01.2021, if the circumstances so permit.

7.

Writ petition is disposed of. No costs (SHRIKANT D. KULKARNI, J.) (S. V. GANGAPURWALA, J.) JPC