Pradip S/O. Dadarao Budhe v. Joint Commissioner And Vice-Chairman, Scheduled Tribe Cert. Scrutiny Committee, Nagpur And Another

WP4618-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4618/2015 (PRADIP DADARAO BUDHE VERSUS JT.COMMISSIONER & V.C., S.T. CERTIFICATE SCRUTINY COMMITTEE, NAGPUR & ANOTHER) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.R. Narnaware, counsel for the petitioner. Ms N.P. Mehta, A.G.P. for the R-1.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 7 , 2015.

By this petition, the petitioner seeks a direction to the scrutiny committee to decide the caste claim of the petitioner within a time frame. The petitioner also seeks the protection of services till his caste claim is decided.

Ms Mehta, the learned Assistant Government Pleader appearing on behalf of the respondent no.1, states on instructions that the scrutiny committee has not received the caste claim of the petitioner as yet. It is stated that neither the petitioner nor his employer has submitted the caste claim for verification. In view of the statement made by the learned Assistant Government Pleader, the learned counsel for the petitioner states that the petitioner would submit the necessary documents along with the original caste certificate to the respondent no.2 within a period of three weeks and the respondent no.2, in turn, may sent the necessary documents to the scrutiny committee for verification of the caste claim.

In view of the statements recorded hereinabove, we dispose of the writ petition with a direction to the petitioner to submit the original caste certificate with the necessary documents to the respondent no.2 within a period of three weeks. The

WP4618-15 respondent no.2 is directed to remit the documents tendered by the petitioner to the scrutiny committee for verification of the caste claim, within a period of three weeks from the receipt of the same. The scrutiny committee is directed to decide the caste claim of the petitioner as early as possible and positively within a period of one year from the date of receipt of the caste claim. The services of the petitioner are protected till the scrutiny committee decides his caste claim. In case, the petitioner fails to submit the original caste certificate along with necessary documents to the respondent no.2 within a period of three weeks, the order of protection of the services of the petitioner would cease to operate. Order accordingly. No costs.

JUDGE JUDGE APTE