Bombay High CourtWP/3797/2015dispossed offdismiss for default

Shah Aziz Shah Fahed S/O. Nisar Ahmed Shah v. The State Of Maharashtra, Through Its Secretary, Social Welfare Dept. And Others

2015-09-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

02.09.wp.3797.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3797 /2015 (Shah Aziz Shah Fahed s/o Nisar Ahmed Shah vs. The State of Maharashtra and others ) ................................................................................................................................................ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................ Ms. R.S.Roy, Advocate for the petitioner Mr. N.P. Mehta , Asst.Govt.Pleader for respondent nos.1 & 2 CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATED : 2nd September, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent-Scrutiny Committee to decide the caste claim of the petitioner within a stipulated time. The petitioner also seeks protection of his services till his caste claim is decided.

Ms. N.P.Mehta, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee states on instructions, that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided at the earliest.

In view of the statement made by the learned A.G.P., 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

02.09.wp.3797.15 a period of six months from the date of appearance of the petitioner before the Scrutiny Committee. The Petitioner undertakes to appear before the Scrutiny Committee on 21 st September, 2015 so that issuance of notice to the petitioner could be dispensed with. Since the petitioner is not at fault in not producing the validity certificate, the services of the petitioner are protected till the respondent -Scrutiny Committee decides his caste claim.

Order accordingly. No costs.

JUDGE JUDGE sahare