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Bombay High CourtWP/2398/2020allowed

Shri Santoshs/O Chandrakant Jaunjale v. Schedule Tribe Caste Certificate Scrutiny Committee, Throguh Its Vice Chairman/Jt. Commissioner

2024-02-29Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:2430-DB 1 WP-2398-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2398 of 2020 Shri Santosh S/o Chandrakant Jaunjale Versus Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division, through its Vice-Chairman/Joint Commissioner and another Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri A.P. Kalmegh, Counsel for Petitioner.

Shri A.A. Madiwale, Assistant Government Pleader for Respondents. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.

ATE : 29 th FEBRUARY, P.C.:

1.

Heard.

2.

The issue raised in this petition is squarely covered by the judgment of this Court delivered in Writ Petition No.1044 of 2020 in the matter of Raghupati S/o Bhikarlal Ingle Versus Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Division and others on 26-2-2020.

3.

Apart from above, we are informed by the learned Assistant Government Pleader for the respondents that every endeavour shall be made to decide the claim of the petitioner for issuance of the validity certificate within a period of six months from today. Statement is accepted. 4.

That being so, we partly allow the petition with a direction to the respondent No.1-Committee to decide the caste claim of the petitioner within a period of six months from today.

5.

As the petitioner's services cannot be placed on supernumerary post, as the Government Resolution dated 21-12-2019 is not applicable to the cases which are pending before the Caste Scrutiny Committee, we deem it appropriate to quash and set aside the impugned communication dated 17-3-2020 issued by the respondent No.2.

6.

We further direct that as already ordered by way of interim relief, the services of the petitioner are continued on the regular establishment pursuant to his initial selection dated 1-6-1993 till the caste claim of the petitioner is decided.

2 WP-2398-2020.odt 7.

The petition stands allowed in above terms. No costs. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR