Bombay High CourtWP/2277/2015dispossed offdismiss for default

Nandkishor S/O Tejrao Pawar v. The Divisional Caste Certificate Scrutiny Committee No. 2, Akola Thr. Its Chairman And Another

2015-11-18Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

WP2277-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2277/2015 (NANDKISHOR TEJRAO PAWAR VERSUS THE DIVISIONAL CASTE CERTIFICATE SCRUTINY COMMITTEE NO.2, AKOLA & 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, counsel for the petitioner. Shri S.J. Kadu, A.G.P. for the R-1.

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

DATE : NOVEMBER 18 , 2015.

By this petition, the petitioner seeks a direction to the respondent no.1-Scrutiny Committee to decide the caste claim of the petitioner as early as possible. The petitioner seeks a direction against the respondent no.2-Society for protection of his services till his caste claim is decided.

Shri Kadu, the learned Assistant Government Pleader appearing on behalf of the respondent no.1-Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending before the respondent no.1-Committee and the respondent no.1-Committee is ready to decide it as early as possible. It is stated that the matter was kept for hearing in the first week of May2015 and the petitioner remained absent on the said date. It is stated that the petitioner is not producing some necessary documents to show that the parents of the petitioner were the residents of the locality falling within the jurisdiction of the respondent no.1-Committee, despite the directions by the respondent no.1-Committee to do so.

The learned counsel for the petitioner states that the petitioner would remain present before the respondent no.1Committee and would also submit the necessary documents.

WP2277-15 In view of the statements recorded hereinabove, we dispose of the writ petition with a direction to the respondent no.1Scrutiny Committee to decide the caste claim of the petitioner as early as possible and within a period of ten months from the date of appearance of the petitioner before the respondent no.1Committee. The petitioner undertakes to appear before the respondent no.1-Committee on 07.12.2015 and further undertakes to produce the necessary documents. If the petitioner fails to remain present and produce the documents, the respondent no.1Scrutiny Committee is free to pass appropriate order. The services of the petitioner are protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE