Bombay High CourtWP/2901/2014dispossed offdismiss for default

Prakash S/O Motilal Mohriya v. Scheduled Tribe Certificate Scrutiny Committee Division, Nagpur Through Its Chairman And 2 Others

2015-08-05Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

0508wp2901.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2901 OF 2014 (Prakash s/o Motilal Mohriya vs. Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

Shri M.V. Bute, counsel for the petitioner.

Ms. T. Udeshi, AGP for the respondent No. 1.

Shri Gopal Mishra, counsel for the respondent Nos. 2 & 3.

CORAM : SMT. VASANTI A. NAIK & A.M. BADAR, JJ.

AUGUST 05, 2015.

By this petition, the petitioner had challenged the order of the Scrutiny Committee, Nagpur, invalidating the caste claim of the petitioner. The petitioner, by the second prayer, has sought a direction to the employer - Chief Engineer, Tq. Chiplun, District - Ratnagiri and the Executive Engineer, Tq. Welhe, District - Pune, to protect the service of the petitioner.

Shri Bute, the learned counsel for the petitioner states that the petitioner gives up the prayer made in prayer clause (a) of the petition and the grievance of the petitioner would stand redressed only if the prayer made in clause (b) is granted.

The learned AGP and the learned counsel for the respondent Nos. 2 & 3 state that the petition seeking the relief of protection of service against the respondent Nos. 2

0508wp2901.14 & 3 cannot be entertained at the Nagpur Bench of the Bombay High Court. It is submitted that only for seeking the protection of his service, the petitioner would be required to file the writ petition at the Principal Seat. By upholding the objection raised on behalf of the respondents, we dispose of the writ petition with liberty to the petitioner to take steps to present the petition at the Principal Seat. No costs. Interim order granted in favour of the petitioner is continued for a period of six weeks. JUDGE JUDGE *GS.