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Bombay High CourtWP/758/2015admittedallwdgrantedrule absolute

Ravindra S/O Sitaram Solanki v. The Divisional Caste Certificate Scrutiny Committee No. 2, Akola And 2 Others

2015-08-10Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Kum. Justice Indira Jain3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No. 758 of 2015 Ravindra s/o Sitaram Solanki vs. The Divisional Caste Certificate Scrutiny Committee No.2, Akola and others.

Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders.

Orders.

Mr. N.B.Kalwaghe, Advocate for the petitioner.

Mrs. Rashi Deshpande, AGP for R-1.

CORAM: B.R.GAVAI & INDIRA K. JAIN, JJ DATE : 10.8.2015 Heard.

2.

The petitioner, who was appointed as Shikshan Sevak in respondent no.3 School from 26.6.2012, has approached this Court apprehending his termination on the ground of non submission of caste validity certificate. 3.

As has been observed time and again, it is not in the hand of the petitioner as to within how much time the Caste Scrutiny Committee will decide the caste claim of the petitioner. However, on account of respondent no.1 not taking

10082015wpno.758.2015 2 decision regarding the validity of the candidates like the petitioner, the petitioner cannot be made to suffer. In view of that the petition is allowed on the following terms. i) Respondent no.1- Committee is directed to decide the caste claim of the petitioner as expeditiously as possible and preferably within six months from today. ii) Till the decision of the respondent no.1- Committee on the claim of the petitioner, the services of the petitioner shall not be terminated on the ground of non submission of caste validity certificate.

iii) It is further directed that in the event, the decision of respondent no.1 - Committee is adverse to the interest of the petitioner, same shall not be given effect for a period of three weeks from the date of receipt of the communication by the petitioner.

JUDGE JUDGE patle

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