Bombay High CourtWP/6705/2019admittedallwdgrantedrule absolute

Prashant S/O Jaywantrao Katole v. The Scheduled Tribes Caste Certificate Scrutiny Committee, Thr. Member Secretary And Dy. Director

2020-01-15Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

2024:BHC-NAG:12708-DB 1 01-wp 6705.2019(D).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO.2416 OF 2024 IN WRIT PETITION NO. 6705 OF 2019 (D) ( Prashant Jayawantrao Katole vs. The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati and another ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Ashwin Deshpande, Advocate for the petitioner. Mr. I. J. Damle, AGP for respondent/State.

CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI , JJ.

ATE : NOVEMBER , 2024 1) The Civil Application 2416 of 2024 seeks modification of the order dated 15/01/2020 passed in Writ Petition No.6705/2019, in which the decision of the Caste Scrutiny Committee dated 10/04/2019 (page 31) deferring the consideration of the tribe claim of the petitioner therein, in view of pendency of Civil Appeal No.10240 of 2014, which is in respect of one of the members of the Katole family, is being sought to be modified, seeking permission to decide the claim of the petitioner on merits.

2) Both the learned Counsel for the parties herein, are agreeable that the claim can be decided based upon the facts and documents available with the Committee in terms of the law applicable, in view of which, we grant permission to the Scrutiny Committee to decide the tribe claim of the petitioner in Writ Petition No.6705/2019, which would be equally applicable to all members of the Katole family, which would however, be subject to the result of the Civil Appeal No.10240 of 2014.

2 01-wp 6705.2019(D).odt 3) It is also made clear, that the services of the petitioner which are as of now protected would continue to remain protected for a period of two moths further in case the decision of the Committee is against the petitioner. Application is disposed of.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) KOLHE