Vasant Vishram Magare v. Scheduled Tribe Certficate Scrutiny Committee And Others

2024:BHC-AUG:14295-DB spk.WP.557.23.odt Corrected copy : corrections have been carried out in view of the speaking to the minutes of the order dated 12.07.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.557 OF 2023 VASANT VISHRAM MAGARE

VERSUS

SCHEDULED TRIBE CERTIFICATE SCRUTINY COMMITTEE AND OTHERS ...

Advocate for the Petitioner : Mr. Phatale Sagar S. and Mr. Bholankar Vasant S.

AGP for Respondents: Mr. S.P. Joshi Advocate for Respondents : Mr. M.M. Ambhore ...

CORAM

: MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 11.06.2024 PER COURT:

Heard both the sides.

2.

The petitioner had preferred this petition when he was still in the employment and pursuant to the direction of this Court, the Management was restrained from terminating his employment on the ground of his failure to secure a certificate of validity under the Maharashtra Act XXIII of 2001.

3.

However, subsequently the petitioner was terminated from the employment. He has preferred appeal under Section 9 of the Maharashtra Employees of Private Schools (Conditions of Service) Act, 1977 which is admittedly pending before the School Tribunal, Mumbai. 1/2

spk.WP.557.23.odt 4.

It is now being pointed out that the petitioner has secured a certificate of validity dated 02.02.2024 from the jurisdictional Scheduled Tribe Certificate Scrutiny Committee. However, admittedly, he would stand superannuated by this time.

5.

In the circumstances, we dispose of the writ petition by requesting the School Tribunal, Mumbai to expedite hearing of the petitioner's appeal. Needless to state that it shall be decided on its own merits.

6.

Filing of this petition shall not be an impediment for the School Tribunal to pass appropriate order.

(SHAILESH P. BRAHME, J.) (MANGESH S. PATIL, J.) habeeb 2/2