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Bombay High CourtWP/3043/2018admittedallwdgrantedrule absolute

Surendra Namdeorao Gajbe v. The Vice-Chairman/Member Sec. Scheduled Tribe Caste Scrutiny Committee, Gadchiroli And ANR

2018-07-10Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3043.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.3043/2018 Surendra Namdeorao Gajbe ..Vs..

The Vice-Chairman / Member Secretary, Scheduled Tribe Caste Scrutiny Committee, Gadchiroli and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms. Preeti D. Rane, Advocate for the petitioner. CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ. DATED : 10.7.2018.

1.

Shri P.S. Tembhare, learned A.G.P. submits that caste claim can be decided within one year. 2.

This Court has protected employment of petitioner by interim orders dated 29th May, 2018. 3.

Advocate Shri S.D. Zoting appearing for respondent No.2 - employer is seeking time as instructions are being awaited. He submits that there may be other grounds for termination.

4.

This Court is not concerned with any other controversy in present matter. The petitioner has approached against a demand of validity in the matter. 5.

We, therefore, direct respondent No.1 - Committee to complete verification as per Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes, (Vimukta Jatis) Nomadic Tribes, Other

2 wp3043.18 Backward Classes and Special Backward Category (Regulation of issuance and verification of) Caste Certificate Act, 2000 within one year from today. Interim orders granted on 29th May, 2018 shall continue till then and shall be subject to it.

6.

However, it is clarified that protection in employment is only against termination on the ground of caste validity certificate.

7.

With this clarification, we partly allow writ petition and dispose it of. No costs.

JUDGE JUDGE Tambaskar.