Rajendra Magan Devre v. The Scheduled Tribe Certificates Scrutiny Committee Dhule

95wp13257-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 95 WRIT PETITION NO.13257 OF 2023 RAJENDRA MAGAN DEVRE

VERSUS

THE SCHEDULED TRIBE CERTIFICATES SCRUTINY COMMITTEE DHULE ...

Advocate for Petitioner : Ms. Shilpa D. Magre h/for Mr. V. B. Patil AGP for Respondents State: Mr. S. K. Tambe

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 25th October, 2023 ORDER:

1.

Leave to add the employer as Respondent No.2 . Leave to add Prayer clause seeking protection against termination. Addition/ amendment be carried out forthwith.

2.

The Petitioner's claim of belonging to "Thakur" Scheduled Tribe is pending validation before the Competent Committee. The Petitioner apprehends termination by the employer since the claim is yet to be decided. It is prayed that the claim be decided within a particular timeline.

3.

The learned AGP submits that since there are several students' cases which are to be considered on priority and the Committee is already over burdened, the Committee would require nine months for a decision in the matter.

95wp13257-23 4.

In view of the above, this Petition is disposed off with a direction to the Committee to decide the claim of the Petitioner on or before 30th June, 2024.

5.

The Petitioner shall render wholehearted cooperation and shall refrain from seeking adjournments on unreasonable or trivial grounds, lest the Committee shall be justified in progressing to the next stage in the proceedings.

6.

We direct the added Respondent not to terminate the service of the Petitioner only for the reason that his claim is pending, until 30th June, 2024 or till the claim is decided, whichever is earlier. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan