Bombay High CourtWP/4751/2015dispossed offdismiss for default

Shaikh Irfan Sahikh Israeel v. The State Of Maha., Thro. Its Secretary, Dept. Of Tribal Welfare And Others

2015-09-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

08.09.wp.4751.15

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4751 /2015 (Shaikh Irfan Shaikh Israeel 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. R.J.Mirza, Advocate for the petitioner D.M. Kale, Assistant Government Pleader for the respondent nos.1 to 4 CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATED : 8th September, 2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent-Scrutiny Committee to decide the tribe claim of the petitioner as early as possible. The petitioner claims to belong to "Tadavi" Scheduled Tribe. The caste claim of the petitioner was referred to the Scrutiny Committee for verification some time in February, 2009. According to the petitioner, the petitioner was selected for appointment on a post of Shikshan Sevak (Teaching Assistant), but was not appointed in the absence of the caste validity certificate. It is stated though more than six years have lapsed from the submission of the tribe claim to the Scrutiny Committee for verification, the Scrutiny Committee has not verified the tribe claim.

08.09.wp.4751.15 Shri D.M.Kale, the learned Assistant Government Pleader appearing on behalf of the respondent-Committee states that the tribe claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. Since the tribe claim of the petitioner is pending before the Scrutiny Committee for long and since the vigilance enquiry is completed, we direct the Scrutiny Committee to decide the tribe claim of the petitioner as early as possible and positively within a period of three 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 .

Order accordingly. No costs.

JUDGE JUDGE sahare