Shri Vijay S/O Wasudeo Gadikar v. State Of Maharashtra Tribal Development Deptt. Mumbai Through Its Principal Secretary And 2 Others

0305wp5593.15 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5593 OF 2015 (Shri Vijay s/o Wasudeo Gadikar vs. State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI AND P.N. DESHMUKH, JJ.

DATED : MAY 3, 2016 Heard Adv. Rahul for petitioner and Shri Rao, learned Assistant Government Pleader for respondent nos.1 and 2. Nobody appears for respondent no.3 employer.

Fact that caste claim of the petitioner is still pending is not in dispute. On 7/10/2015 while issuing notice for final disposal, this Court has protected employment of petitioner.

In this situation, we direct petitioner to appear before respondent no.2 Scrutiny Committee on 23/5/2016 and to abide by its further instructions in the matter. The Scrutiny Committee shall attempt to complete exercise of caste verification within next one year in accordance with The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other

0305wp5593.15 2/2 Backward Classes and Special Backward Category (Regulation of Issuance and Verification Of) Caste Certificate Act, 2000 (Act No. XXIII of 2001). The service of petitioner shall remain unaffected till adjudication of his caste claim by the Scrutiny Committee, but it will subject to further orders of Scrutiny Committee.

The writ petition is thus partly allowed and disposed of. No costs.

JUDGE JUDGE khj