Satish S/O Madhukar Samarth v. Union Of India, Ministry Of Communication And Information Technology, New Delhi Thr. Secy. And Othe

1 wp6606.2014.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6606 OF 2014 [Satish s/o Madhukar Samarth .vs. Union of India and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.S. Parsodkar, counsel for the petitioner, Shri Rohit Deo, ASGI for the respondent nos.1 to 4, Shri K.P. Sadavarte, counsel for the respondent no.5. ..........

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATED : JULY 13, 2015.

Heard.

It is informed to this court that the issue involved in this case was also involved in Writ Petition No.5857/2014 and this court has, by an order dated 13.7.2015, partly allowed the writ petition and directed the scrutiny committee to decide the caste claim of the petitioner therein. It is stated that the services of the petitioner are protected till the caste claim is decided by imposing certain conditions.

We have perused the writ petition, as also the Writ Petition No.5857/2014, decided on 13.7.2015. We find that the facts and the issue involved in both the writ petition is identical. Hence, for the reasons recorded in order dated 13.7.2015 in Writ Petition No.5857/2014, the writ petition is partly allowed. The petitioner is directed to submit an appropriate application along with the original caste certificate (original or certified copy as the case may be) and the other relevant documents to the scrutiny committee for verification, within a period of one month. If the application is so made, the

2 wp6606.2014.odt respondent-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 the receipt of the application under sub-section (2) of section 6 of the Act of 2000. The services of the petitioner are protected till his caste claim is decided. We reiterate that the respondents would be free to take appropriate action, if the petitioner fails to submit an application to the scrutiny committee under sub-section (2) of section 6 of the Act of 2000, within a period of one month. Order accordingly. No costs.

JUDGE JUDGE Gulande