Ananta S/O Pundlik Theng v. The Divisional Caste Certificate Scrutiny Committee No. 2, Akola Through Its Chairman And Another

0309wp1543.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1543/2015 WITH WRIT PETITION NO.1544/2015 ------------------------------------------------------------------------------------------------------------------ WRIT PETITION NO.1543/2015 Ananta s/o Pundlik Theng ...Versus...

The Divisional Caste Certificate Scrutiny Committee No.2, Akola through its Chairman and another WITH WRIT PETITION NO.1544/2015 Digambar s/o Ramrao Gadekar ...Versus...

The Divisional Caste Certificate Scrutiny Committee No.2, Akola through its Chairman and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri N.B. Kalwaghe, Advocate for petitioner in both petitions Shri N.R. Rode, AGP for respondent no.1 in both petitions CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 03.09.2015 Heard.

Since the issue involved in these petitions is identical and similar relief is sought by the petitioners, they are heard together and are decided by this common order.

0309wp1543.15.odt By these petitions, the petitioners seek a direction to the respondent - Scrutiny Committee to decide the caste claim of the petitioners within a time-frame. The petitioners also seek the protection of their services as Assistant Teachers till their caste claim is decided.

It is stated on behalf of the petitioners that the caste claim of the petitioners is pending with the respondent - Scrutiny Committee and though it is not decided as yet the petitioners have been served with a notice of intended termination. Shri Rode, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee states, on instructions, that the caste claim of the petitioners is pending before the Scrutiny Committee and the same would be decided within a period of six months.

In view of the statement made by the learned Assistant Government Pleader, we dispose of the writ petitions with a direction to the Scrutiny Committee to decide the caste claim of the petitioners as early as possible and positively within a period of one year. Since the petitioners are not at fault in not producing the caste validity certificate, their services are protected till the Scrutiny Committee decides their caste claim. Order accordingly. No costs JUDGE JUDGE Wadkar