Ganesh S/O Prabhakar Pawar And Another v. The Vice Chairman/Member-Sec. Scheduledd Tribe Caste Certificate Scrutiny Committee And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3409 OF 2020 1) Ganesh S/o Prabhakar Pawar, Aged about 32 years, Occu. - Agriculturist, 2) Pavan S/o Bhikaji Pawar, Aged about 18 years, Occu. - Student, Both R/o. At Gogri, Post Sonala, Tahsil - Mangrulpur Dist. Washim 444402 .... PETITIONERS // VERSUS // 1) The Vice-Chairman/Member Secretary, Scheduled Tribe Caste Certificate, Scrutiny Committee, Chaprashipura, Amravati Division, Amravati, 2) The Collector, Washim.

3) The Tahsildar, Mangrulpir, Distt. Washim, 4) The Block Development Officer, Panchayat Samiti, Mangrulpir, Distt. Washim.

.... RESPONDENTS ______________________________________________________________ Ms. Preeti Rane, counsel for the petitioners. Shri S. M. Ukey, Addl.G.P. for the respondent Nos.1 to 3. ______________________________________________________________ CORAM : SUNIL B. SHUKRE AND AVINASH G. GHAROTE, JJ.

DATED : 16 th December, 2020

ORAL JUDGMENT : (Per : SUNIL B. SHUKRE, J.) 1.

Heard.

2.

Issue notice for final disposal at admission stage to the respondent Nos.1 to 3, no notice to respondent Nos.4 is required as no relief has been claimed against the respondent No.4. 3.

Shri S. M. Ukey, learned Addl.G.P. waives service of notice for respondent Nos.1 to 3.

4.

Rule. Rule made returnable forthwith.

5.

Heard finally by consent of the learned counsel appearing for the parties.

6.

Learned counsel for the petitioner, on instructions, presses only the prayer Clause (i) and gives up the remaining prayers. Prayer Clause (i) is limited in the sense that it seeks a time bound decision from respondent No.1 Scrutiny Committee. This relief can always be granted, especially when claim of the petitioner No.1 is pending with the respondent No.1 Committee for its verification and validation or otherwise since December 2019 and that of the petitioner No.2 since August 2020.

7.

In the result, the petition is partly allowed. The respondent No.1 Scrutiny Committee is directed to decide the caste claims of both the petitioners within a period of three months from the date of appearance of the petitioners before the Committee in respective cases, in accordance with law. The petitioners are directed to appear before the Scrutiny Committee on 28th December, 2020 at 11.00 am. Rule accordingly. No costs.

(AVINASH G. GHAROTE, J.) (SUNIL B. SHUKRE J.) Kirtak