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Bombay High CourtCP/283/2016dispossed offdismiss for default

Manojkumar S/O. Bharatsingh Baghel v. Mr. Shantanu Goyal Chief Executive Officer Zilla Parishad Gadchiroli

2016-09-16Hon'Ble Shri Justice B.R. Gavai,Hon'Ble Shri Justice V.M. Deshpande3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Contempt Petition No.283/2016 in Writ Petition No.217/2016 (D) (Manojkumar Bharatsingh Baghel .vs. Mr. Shantanu Goyal, C.E.O., Z.P. Gadchiroli) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. Nitin Jachak, Advocate for Petitioner Mr. H.A. Deshpande, Advocate for Respondent.

CORAM : B.R. Gavai & V.M. Deshpande, JJ.

DATED : September 16, 2016.

Mr. H.A. Deshpande, learned counsel appearing on behalf of the respondent submits that as per the order of this Court in Writ Petition No. 217/2016, the petitioner has already been reinstated.

However, an apprehension is expressed by the learned counsel appearing on behalf of the petitioner that after the reinstatement, the petitioner has been directed to submit his caste certificate of backward class to which he claims to belong. It is submitted that the petitioner does not belong to any backward class category.

We find that the apprehension as expressed by the learned counsel for the petitioner is misplaced. The order of this Court is very much clear, which clarifies that the petitioner would not claim any of the benefits meant for the Scheduled Tribe. As such the petitioner would have been treated as a candidate belonging to open category and the respondent in that

situation cannot insist upon submission of the caste certificate or validity certificate.

Since the contempt has been purged, no orders are necessary. Contempt petition stands disposed of.

JUDGE JUDGE halwai

Certificate I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : R.G. Halwai.

Uploaded on: 20.9.2016