Umesh S/O Anandrao Rodge v. Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Thr. Principal Secretary And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No.600 of 2021 Umesh s/o Anandrao Rodge

...Petitioner

Versus

The Scheduled Tribe Caste Certificate Scrutiny Committee, through its Principal Secretary, Amravati

...Respondent

and others Shri Ashwin Deshpande, Advocate for the Petitioner Shri Amit Madiwale, AGP for the Respondent No.1 - State CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATED : 17 FEBRUARY 2021 P.C.:

Heard learned Counsel for the parties.

2.

On 1 February 2021, following order was passed: "The learned Counsel for the Petitioner submits that a limited direction is sought for in this Petition to the Respondent No.1The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati to decide the caste claim of the Petitioner expeditiously. 2.

Many Petitions seeking such simpliciter directions are filed and time-bound directions are issued. So that the Court has a realistic picture before issuing time-bound directions, it is necessary that the details of the cases pending before the Scrutiny Committee, year-wise under different categories, such as

education, service, etc. are placed on record. This chart from the Committees, Nagpur and Amravati be placed on record before the next date.

3.

In the meanwhile, we direct that the Petitioner will appear before the Scrutiny Committee, Amravati on 8 February 2021, wherein the Scrutiny Committee will give further dates for hearing of the Petitioner's caste claim.

4.

Stand over to 15 February 2021."

3.

As regards the pending matters of the Scrutiny Committee Amravati, it is stated as under:

Sr. no.

Year Pre service service Educatio n Election Court Complaints Others Total Dec-17 Dec-18 Dec-19 Dec-20 Jan-21 Total 4.

As regards the affidavit filed on behalf of the Scrutiny Committee, Amravati is concerned, it clearly does not depict the correct picture. As the Petition in which the affidavit is filed, the Caste claim of the Petitioner is pending since the year 2007. An endeavor was made to find out before fixing a time limit the pendency before the Scrutiny Committee can be kept in mind. The Scrutiny Committee, Amravati is not candid to this Court.

5.

Therefore, we proceed on the basis that the Scrutiny Committee, Amravati can decide the Caste claim in the time limit set by this Court without seeking any extension.

6.

The case at hand being the oldest pending, as per the Chart, the Scrutiny Committee is directed to decide the Caste claim of the Petitioner within a period of one month from today. Responsibility is placed on the Secretary of the Scrutiny Committee, Amravati to ensure that order is complied with.

7.

Till the claim of the Petitioner is decided by the Scrutiny Committee, no coercive steps be taken by the employer of the Petitioner based on the impugned communication.

8.

The Writ Petition is accordingly disposed of. [ANIL S. KILOR, J.] [NITIN JAMDAR, J.]