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Bombay High CourtWP/11886/2021disposed off

Jayashri Madhukar Tarole Alias Jayashri Girish Yelambkar v. The State Of Maharashtra And Another

2021-10-26Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 wp 11886.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 944 WRIT PETITION NO.11886 OF 2021 JAYASHRI MADHUKAR TAROLE @ JAYASHRI GIRISH YELAMBKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner: Mr. Yeramwar Sushant C. AGP for Respondents/State: Mr. A. R. Kale ...

CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE:

26th OCTOBER, 2021 PER COURT:

1.

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.

2.

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

3.

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

2 wp 11886.2021 4.

In case, the respondents want to take action against the petitioner of placing the petitioner on supernumerary post or otherwise, then notice shall be issued to the petitioner giving opportunity to show cause. In that event, the petitioner can file reply and bring all the relevant facts to the notice of the respondentScrutiny Committee . 5.

The Scrutiny Committee shall decide the validation proceeding expeditiously and preferably within a period of three (03) months.

6.

The petitioner shall appear before the Committee on 22.11.2021.

7.

Writ Petition accordingly stands disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe