Bombay High CourtWP/2218/2015dispossed offdismiss for default

Ku. Smita D/O Shrikrushna Nandanwar (Now Sau. Smita W/O Gajanan Matte) v. State Of Maharashtra, Through Its Secretary, Dept. Of School Education And Sports And 3 Others

2015-11-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

WP2218-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2218/2015 (SMITA SHRIKRUSHNA NANDANWAR NOW SAU. SMITA GAJANAN MATTE VERSUS THE 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 S.P. Bhandarkar, counsel for the petitioner. Shri N.R. Patil, A.G.P. for the R-1 & 2.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : NOVEMBER 24 , 2015.

By this petition, the petitioner challenges the order of the respondent no.3-Education Officer (Primary), Zilla Parishad, Amravati proposing to terminate the services of the petitioner for not producing the caste validity certificate. The petitioner also seeks a direction to the respondent no.4-Scrutiny Committee to decide the caste claim of the petitioner as expeditiously as possible. According to the petitioner, though the caste claim of the petitioner was referred to the respondent no.4-Scrutiny Committee for verification and the respondent no.4-Scrutiny Committee has not decided the same, the respondent no.3Education Officer (Primary) has sought to terminate the services of the petitioner for not producing the caste validity certificate. In the aforesaid circumstances, the petitioner has challenged the impugned order and has sought the protection of her services till her caste claim is decided.

Shri Rode, the learned Assistant Government Pleader appearing for the respondent no.4-Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending with the Scrutiny Committee and the Committee would decide the same as early as possible.

WP2218-15 In view of the statement made by the learned Assistant Government Pleader, we dispose of the writ petition with a direction to the respondent no.4-Scrutiny Committee to decide the caste claim of the petitioner as early as possible and within a period of fifteen months from the date of appearance of the petitioner before the respondent no.4-Scrutiny Committee. The petitioner undertakes to appear before the respondent no.4-Scrutiny Committee on 14.12.2015. Since the petitioner was not at fault in not producing the caste validity certificate, the services of the petitioner are protected till her caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE