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Bombay High CourtWP/527/2015dismissedrule discharged

Leeladhar Ganpatrao Nipane v. Schedule Tribe Caste Certificate Scrutiny Committee, Adivasi Vikas Bhavan, Nagpur And Another

2015-10-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

29.10.wp.527.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 527 /2015 ( Leeladhar Ganpatrao Nipane vs. Schedule Tribe Caste Certificate Scrutiny Committee Nagpur and another ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Shri S. D.Khati, Advocate for the petitioner Ms. N.P. Mehta, Asst. Govt. Pleader for respondent no.1 Shri A.Y. Kapgate, Adv.for respondent no.2 CORAM : SMT. VASANTI A. NAIK & A.I.S. CHEEMA, JJ.

DATED : 29th October, 2015.

Heard.

By this petition, the petitioner has only prayed for a direction to protect the services of the petitioner for a period of four weeks, on the invalidation of the petitioner's caste claim by the respondent-Scrutiny Committee.

We are afraid that the relief sought by the petitioner cannot be granted. The caste claim of the petitioner is still pending before the Scrutiny Committee and the only substantive prayer made by the petitioner in the Writ Petition for grant of protection to his services for a period of four weeks after invalidation of his caste claim. If the caste

29.10.wp.527.15 claim of the petitioner is invalidated, the petitioner has remedies. It would not be proper to entertain the Writ Petition only for a direction to protect the services of the petitioner for period of four weeks after the invalidation of his caste claim.

In the circumstances of the case, we dismiss the Writ Petition, with no order as to costs. JUDGE JUDGE sahare