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Bombay High CourtWP/11318/2015disposed offdismissed for default

Maharudra Vasant Rainule v. Education Officer Zp Latur And Others

2015-12-17Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice A. I. S. Cheema2 pages

Writ Petition No.11318/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.11318 OF 2015 Maharudra s/o Vasant Rainule ...

PETITIONER

VERSUS

The Education Officer & others ...

RESPONDENTS .....

Shri S.S. Phatale, Advocate for petitioner Shri M.B. Bharaswadkar, A.G.P. for State Shri K.D. Bade Patil, Advocate for respondent No.2 Shri K.A. Kadam, Advocate for respondent No.3 .....

CORAM:

R.M. BORDE AND A.I.S. CHEEMA, JJ.

DATED:

17th December, 2015.

ORAL ORDER :

1.

The petitioner is appointed as an Assistant Teacher with respondent No.3 institution since 7.7.2012 as against a vacancy reserved for S.T. category. The proposal in respect of validation of the tribe certificate issued in favour of the petitioner is pending consideration with respondent No.2 Committee.

2.

The counsel appearing for respondent No.2 Committee, on instructions, states that, the decision would be taken in respect of the validation proposal as expeditiously as

Writ Petition No.11318/2015 possible, preferably within a period of eight months from today. In view of the statement made, the respondent No.2 Committee is directed to take decision in the matter within the time frame as stated above.

3.

It is informed by the counsel appearing for the petitioner that, as a result of failure to submit the tribe validation certificate, the respondent No.1 has not granted approval to the appointment of the petitioner. The respondent No.1 is directed to consider the proposal for grant of approval to the appointment of the petitioner on its own merits and shall not refuse the same only on the ground of failure of the petitioner to submit tribe validation certificate. On consideration of the merits of the case, the respondent No.1 shall grant provisional approval subject to decision on the validation proposal pending with the respondent No.2 Committee.

4.

With the directions as above, Writ Petition is disposed of.

(A.I.S. CHEEMA, J.) ( R.M. BORDE, J.) fmp/wp12239.15