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Bombay High CourtCAW/801/2016dispossed offdismiss for default

Pritam Bhageluji Yadav v. State Of Maharashtra, Through Its Secretary, Dept. Of Social Justice And Empowerment And Others

2016-04-11Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice P.N. Deshmukh2 pages

Order 1104caw801.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

C.A.W.NO. 801/2016 IN W.P.NO. 3958/2015.

Pritam Bhageluji Yadav -VERSUSThe State of Maharashtra and others.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

DATE : APRIL 11, 2016.

Heard Shri Palshikar, learned A.G.P. for applicant/respondents and Shri P.S. Khubalkar, learned Counsel for the petitioner.

2.

The respondent no.3 Divisional Caste Certificate Scrutiny Committee is seeking extension of time to furnish validity certificate. 3.

Shri Khubalkar, learned Counsel for petitioner points out that as per the judgment dated 12.02.2016, this Court has issued a writ to grant validity.

Order 1104caw801.16 4.

During hearing, we find that the petitioner is already in service. It is apparent that in view of the judgment dated 12.02.2016 in Writ Petition No. 3958/2015, he cannot suffer any prejudice in his service.

5.

The application moved by the respondent no.3 points out vacancy. However, validity is to be given and vacancy by itself cannot be a justifiable ground. In this situation, keeping all rival contentions open, and in the interest of justice, we extend time by two months more, as a last chance.

6.

Civil Application is accordingly partly allowed and disposed of. No costs.

JUDGE JUDGE Rgd.