Bombay High CourtWP/3866/2013dispossed offdismiss for default

Ritesh S/O Ramrao Umredkar v. Scheduled Tribe Caste Certificate Scrutiny Committee Through Its Member-Secretary And Another

2015-01-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

191wp3866.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3866 OF 2013 (Ritesh s/o Ramrao Umredkar vs. Scheduled Tribe Caste Certificate Scrutiny Committee & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & A.P. BHANGALE, JJ.

JANUARY 19, 2015.

Shri Khati, learned counsel for the petitioner and Shri Kadu, learned counsel for respondent No.2. Mrs. Dangre, learned counsel for respondent No. 1 is not available, however, Shri Autkar, learned counsel is holding on her behalf and seeks time to verify the facts.

The material on record shows that the petitioner has joined the employment as Halba Scheduled Tribe candidate prior to coming into force of Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001). According to the petitioner, he had supplied the necessary documents to enable his employer to get caste certificate verified immediately.

Shri Kadu, learned counsel for respondent

191wp3866.13 No. 2 - employer invites attention to reply affidavit. He submits that all documents were received only on 06.11.2013 and hence on that date the caste claim has been forwarded to Respondent No. 1 - Committee. He has invited our attention to a communication to that effect filed as part of reply and acknowledgment dated 12.11.2013 issued by Respondent No. 1 - Committee at Amravati.

We, therefore, find that the caste claim is still pending for consideration with Respondent No. 1. In the circumstances, we direct the petitioner to appear before Respondent No. 1 - Committee on 02.03.2015 and to abide by its further instructions in the matter. The Committee shall attempt to complete verification in accordance with Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001) within next one year. The request of the petitioner for protection shall be considered after such adjudication by the Scrutiny Committee.

Writ Petition is accordingly disposed of. No order as to costs.

JUDGE JUDGE *GS.