Linguram Gangadhar Lagadapod v. Scheduled Tribe Certificate Scrutiny Committee Aurangabad Through Its Member Secretary And Others

1 W.P.No.13947/17

IN THE HIGH COURT OF JUDICATURE

AT BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.13947 OF 2017 Linguram S/o Gangadhar Lagadapod ... Petitioner.

Versus

Scheduled Tribe Certificte Scrutiny Committee, Aurangabad and others.

... Respondents.

...

Mr.S.S.Phatale, advocate for the Petitioner. Mr.K.D.Mundhe, A.G.P. for the State.

Mr.P.R.Tandale, advocate for Respondent Nos.2 and 3.

...

CORAM : S.V.GANGAPURWALA AND S.M.GAVHANE,JJ.

Date : 05.12.2017.

PER COURT :

1.

Issue notice to the Respondents.

2.

Learned A.G.P. waives service of notice for Respondent No.1.

2 W.P.No.13947/17 3.

Mr.Tandale, learned counsel waives service of notice for Respondent Nos.2 and 3. 4.

Mr.Phatale, learned counsel submits that the petitioner was initially appointed as Shikshan Sevak on 18.12.2008 from Scheduled Tribe category. On completion of three years, approval is required to be granted to him as an Assistant Teacher, however, only on the ground that validation proceedings are pending the approval is not being granted.

5.

Mr.Tandale, learned counsel submits that as the petitioner is appointed from reserved category, no approval can be granted unless he produces the validity.

6.

We have also heard learned A.G.P.

7.

It appears that earlier the tribe certificate obtained by the petitioner was cancelled on the ground of spelling mistake. The corrected certificate has been obtained and has again been resubmitted to the Committee. It will

3 W.P.No.13947/17 take time for the Committee to decide the said proceedings.

8.

In the meantime, in case the proposal is forwarded by the Management seeking approval to the appointment of the petitioner as an Assistant Teacher then Respondent Education Officer shall consider the said proposal for grant of provisional approval subject to the decision of the validation proceedings. The petitioner shall give an undertaking that in case his validity certificate is rejected, he will return back all the benefits that may accrue to him. The said proposal be decided by the Education Officer expeditiously, preferably within four (4) months.

9.

The Respondent No.1 Committee shall also decide the validation proceedings in respect of the tribe claim of the petitioner expeditiously, preferably within eight (8) months in accordance with law. The petitioner shall cooperate in expeditious disposal of the said proceedings.

4 W.P.No.13947/17 10.

The Writ Petition is disposed of. No costs.

(S.M.GAVHANE,J.) (S.V.GANGAPURWALA,J.) asp/office/wp13947.17

5 W.P.No.13947/17