Shri. Sushil S/O Ramdas Bakade v. The Scheduled Tribes Caste Certificate Scrutiny Committee, Thr.Member Secretary And Others

Order 0102wp880.20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 880/2020.

Sushil Ramdas Bakade.

.....

Petitioner.

-VERSUSThe Scheduled Tribes Caste Certificate Scrutiny Committee, Amravati and others.

..... Respondents.

.....

Shri A. Deshpande, Advocate for the Petitioner. Ms. K. Deshpande, Assistant Government Pleader for Respondents.

.....

CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

DATE : 1 FEBRUARY 2021.

P.C.

Heard learned Counsel for the parties.

2.

Petitioner's caste certificate as belonging to "Halbi" Scheduled Tribe was invalidated by the Scrutiny Committee on 28 December 2004. The Petitioner filed Writ Petition No.609/2005 in this Court, which was disposed of on 18 March

Order 0102wp880.20 2005 recording the undertaking of the Petitioner that he has given up his claim as belonging to 'Halbi' Scheduled Tribe. Based on this undertaking, Petitioners' services were protected in terms of Government Resolution dated 30 June 2004. 3.

This petition is filed on an apprehension that adverse action will be taken in view of the Government Resolution dated 21 December, 2019. No such action is taken against the Petitioner.

4.

As on today the Petitioner is in service. One order is already passed by this Court. We therefore, find that the petition is based purely on apprehension. If any cause of action arise and that if any action is taken based on Government Resolution dated 21 December 2019, it is always open to the Petitioner to challenge the same on its own merits.

5.

Writ Petition is accordingly disposed of. No costs. (ANIL S. KILOR, J) (NITIN JAMDAR, J) Rgd.

by Rakesh Dhuriya Date:

2021.02.05 11:13:14 +0530 Rakesh Dhuriya