Bombay High CourtWP/1662/2015dispossed offdismiss for default

Shivraj S/O Devchand Ingle v. State Of Maharashtra, Through Its Secretary, Dept. Of Education And 2 Others

2016-02-01Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

WP1662-1664-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 1662/2015 (SHIVRAJ DEVCHAND INGLE VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 1663/2015 (MANOHAR BARKU SAPKALE VERSUS STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 1664/2015 (SUNIL NARAYAN TAYDE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Wankhede, counsel for the petitioners. Shri Ambarish Joshi and Ms T. Khan, A.G.P. for the R-State Government. CORAM : SMT.VASANTI A. NAIK AND A.S. CHANDURKAR, JJ.

DATE : FEBRUARY 01 , 2016.

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

By these petitions, the petitioners seek a direction to the respondent no.3-Scrutiny Committee to decide the caste claim of the petitioners, within a time frame. The petitioners seek a direction to the respondent-Employer to protect the services of the petitioners till their caste claim is decided. The learned Assistant Government Pleaders appearing on behalf of the State Government have sought instructions from the Nandurbar Scrutiny Committee and it is stated on instructions that the caste claim of the petitioners is pending before the Scrutiny Committee. It is stated on instructions that the caste claim of the petitioners would be decided as early as possible.

WP1662-1664-15 Since the caste claim of the petitioners is pending before the Scrutiny Committee, at Nandurbar, it would be necessary to protect the services of the petitioners till the Scrutiny Committee decides their caste claim.

Hence, we dispose of the writ petitions with a direction to the respondent no.3-Scrutiny Committee to decide the caste claim of the petitioners as early as possible and positively within a period of ten months from the date of appearance of the petitioners before the Scrutiny Committee. The petitioners undertake to appear before the Scrutiny Committee on 10.02.2016 as the Scrutiny Committee has asked the the petitioners to remain present before it, on the said date. Since the petitioners were not at fault in not producing the Caste Validity Certificate, the services of the petitioners are protected till their caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE