Azazkhan Ashrafkhan Pathan v. Dinkar G Pawra Joint Commissioner The Schedueld Tribe Caste Certificate Verification Committee

1 C.P. No. 679/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CONTEMPT PETITION NO. 679 OF 2019 IN WP/12209/2018 Azazkhan S/o Ashrafkhan Pathan

...Petitioner

VERSUS

Dinkar J. Pawra

...Respondent

Mr. S.M. Vibhute, Advocate for petitioner Mr. S.G. Sangle, Asstt. Govt. Pleader for respondent with Mr. Pramod G. Gapat, Law Co-ordinator.

C ORAM : PRASANNA B. VARALE AND AVINASH G. GHAROTE, JJ.

DATE : 10th October, 2019 ORAL ORDER:

1.

Heard the learned Counsel for the petitioner. 2.

The grievance of the petitioner is that in-spite of the order of this Court dated 22nd February, 2019 in Writ Petition No. 12209 of 2018, whereby the respondent-the Scheduled Tribe Caste

2 C.P. No. 679/2019 Certificate Verification Committee, Aurangabad, was directed to decide the tribe claim of the petitioner within a stipulated period of three months from the date of appearance of the petitioner, the claim is not decided by the Committee and the same is pending before the Committee. It is further submitted by the learned Counsel that as per the direction of this Court, the petitioner appeared before the Committee on 12th March, 2019 and the document to show the presence of the petitioner before the Committee on the aforesaid date is placed on record at Exh. 'C'. 3.

Mr. Sangle, learned Asstt. Govt. Pleader, waives notice of service on behalf of the respondent sole and makes a statement on the basis of instructions received by him through Law Officer Mr. Pramod B. Gapat and the respondent-Scrutiny Committee that though there is some delay in taking the decision by the Committee, the delay was due to certain difficulties and huge pendency of the claims. The learned Asstt. Govt. Pleader submits that in view of the recent directions of the Hon'ble Apex Court, the Committee is deciding claims of the students so as to facilitate the students to prosecute their academic career. Learned Asstt. Govt. Pleader Mr. Sangle further submits that the Committee has fixed the time frame of six weeks to decide the claim in view of the directions of the

3 C.P. No. 679/2019 Hon'ble Apex Court and within six weeks from today, the claim of the petitioner would be decided without fail. The statement made by the learned Asstt. Govt. Pleader on behalf of the sole respondent, on instructions through the Law Officer, is accepted as an undertaking to this Court.

4.

As the statement of the respondent is accepted, we see no reason to keep this petition pending in this Court, as the purpose of approaching this Court is now duly served. The Contempt Petition is accordingly disposed of.

5.

Needless to state that the petitioner would extend all possible co-operation to the Committee for an early decision. ( AVINASH G. GHAROTE ) (PRASANNA B. VARALE ) JUDGE JUDGE Madkar