Sangita Maroti Bhandarwad v. The State Of Maharashtra And Others

WP NO.9584/2015

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9584 of 2015 Sangita Maroti Bhandarwad, Age 24 years, Occupation: Service, r/o S.P.Office, Vazirabad, Nanded, Taluka and District Nanded.

...PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Home Department, Maharashtra State, Mantralaya, Mumbai.

2.

The Superintendent of Police, Nanded, District Nanded.

3.

The Deputy Director / Member Secretary, Schedule Tribes Certificate Scrutiny Committee, Aurangabad Division, Aurangabad.

...RESPONDENTS ...

Mr.Khandagale Patil P.P., Advocate, for the petitioner.

Mr.P.S.Patil, AGP for respondent nos. 1 and 2. Mr.A.B.Tele, Advocate, for respondent no.3.

...

CORAM: R.M.BORDE AND P.R.BORA, JJ.

DATE : October 27th, 2015 *** ORAL JUDGMENT: (Per R.M.Borde, J.) 1.

Heard. Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties.

WP NO.9584/2015 2.

The petitioner claims to belong to Koli Mahadev Scheduled Tribe and has been appointed as a Police Constable in the Office of the Superintendent of Police, Nanded, as against a vacant seat prescribed for Scheduled Tribe category. Since petitioner failed to tender validation certificate, the Superintendent of Police, Nanded, has issued a notice on 12.9.2015, calling upon the petitioner to submit validation certificate, and in the event of failure of the petitioner, he has been threatened with discontinuance of the employment. 3.

In the facts and circumstances of this case, this petition can be disposed of by issuing directions to respondent no.3 Committee to take decision on the validation claim pending with the said Committee as expeditiously as possible, and preferably within a period of eight months from today, and it is accordingly directed.

Respondent no.2 - the Superintendent of Police, is directed not to take any coercive action on the ground of failure of the petitioner to submit validation certificate. The petitioner shall cause her appearance before the respondent Scrutiny Committee on 18th November, 2015, and as such, no separate notice requiring her presence before the Committee shall be necessary.

Rule made absolute in above terms.

(P.R.BORA) (R.M.BORDE) JUDGE JUDGE ...

AGP/9584-15wp