Achala Vasant Gharatkar v. State Of Maharashtra, Through Its Secretary, Tribal Development Department, Mumbai And 3 Others

07.03.wp.3983.14

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3983/2014 (Achala Vasant Gharatkar 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 .............................................................................................................................................. Mr. V.R.Choudhari, Adv. for petitioner Mr. N.S.Rao, A.G.P. for respondent nos.1 & 3 CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

D ATED : 7th March, 2017.

1.

Learned AGP appearing for other respondents seeks copy of Writ Petition and leave to appear for respondent no.2 . 2.

We permit learned AGP to appear for respondent no.2. 3.

The petitioner is a student who seeks a direction to Scrutiny Committee to expedite consideration of his caste claim. This Court has issued notice in the matter on 1.8.2014 and, by way of ad-interim relief, directed respondent nos. 3 and 4 to consider the claim of petitioner from Scheduled Tribe category. This interim order continues to operate even today. 4.

On 1.8.2014, Adv. Sadavarte, the then standing counsel on panel of Scrutiny Committee, had waived notice. Learned AGP appeared for respondent nos.1 and 3. The respondent no. 4 has thereafter been served, there is no appearance for said respondent (Health University) till this date. 5.

Learned AGP is seeking time to find out the period within which the caste claim can be decided.

6.

In this situation, when period of more than two-and-ahalf years has expired in this Court only, we continue the

07.03.wp.3983.14 interim order granted on 01.08.2014 for a further period of one year and direct the respondent no.2-Committee to adjudicate the caste claim, in the meanwhile, if it is not already adjudicated upon.

7.

With these directions and keeping all rival contentions open, we dispose of Writ Petition. No costs. JUDGE JUDGE sahare