Bombay High CourtWP/2976/2017dispossed offdismiss for default

Mohammad Wasiullah Mohammad Samiullah v. Zilla Parishad, Akola Through Its Chief Executive Officer And 2 Others

2018-01-18Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

WP2976-17 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2976/2017 (MOHAMMAD WASIULLAH MOHAMMAD SAMIULLAH VERSUS Z.P. AKOLA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.D. Karode, counsel for the petitioner. Shri K.S. Malokar, counsel for the R-1 & 2.

Ms Shamsi Haidar, A.G.P. for the R-3.

CORAM : SMT. VASANTI A NAIK AND A.D. UPADHYE, JJ.

DATE : JANUARY 18 , 2018.

By this writ petition, the petitioner has sought a direction to Zilla Parishad, Akola to forward the proposal of the petitioner to the Divisional Caste Certificate Scrutiny Committee, Akola for verification. The petitioner has sought a direction against the scrutiny committee to decide the caste claim of the petitioner within a time frame. The notice of proposed termination is also challenged.

It is stated on behalf of the petitioner that during the pendency of the writ petition, Zilla Parishad Akola forwarded the proposal of the petitioner to the Caste Scrutiny Committee. It is stated that a direction may be issued against the scrutiny committee to decide the caste claim of the petitioner within a time frame and the services of the petitioner may be protected till then. Ms Haidar, the learned Assistant Government Pleader appearing for the scrutiny committee, states that the caste claim of the petitioner is pending before the scrutiny committee and the same would be decided as early as possible.

WP2976-17 In view of the statements recorded hereinabove, we dispose of the writ petition with a direction to the scrutiny committee to decide the caste claim of the petitioner as early as possible and positively within fifteen months. The services of the petitioner would remain protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE