Bombay High CourtWP/6072/2013admittedallwdgrantedrule absolute

Sheshrao Nivrutti Suradkar v. State Of Maharashtra Through Its Secretary Department Of General Administration Mumbai And 2 Others

2015-01-12Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.P. Bhangale2 pages

121wp6072.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6072 OF 2013 (Sheshrao Nivrutti Suradkar .vs. State and Ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ.

DATE : 12th JANUARY, 2015.

Heard Mr.P.B.Patil, learned Counsel for the petitioner, Mr.D.M.Kale, learned A.G.P. for respondent nos. 1 and 3 and Smt.S.W.Deshpande, learned Counsel for respondent no.2. Respondent no.4 happens to be earlier employee of the petitioner. Nobody appears for him. Admittedly, the caste claim of the petitioner is still not verified. This Court has, on 13.11.2013, protected his employment.

In this situation, the interest of justice can be met with by directing respondent no.3/Committee to expeditiously consider the caste claim of the petitioner. We direct the petitioner to appear before the Caste Scrutiny Committee on 1.3.2015 and to abide by its instructions in the matter. The Committee shall attempt to verify the caste claim in accordance with the Maharashtra Scheduled Castes, Scheduled Tribes, DeNotified Tribes (Vimukta Jatis), Nomadic Tribes, Other

121wp6072.13 Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 as early as possible and in any case, within next one year.

Till the Caste Scrutiny Committee passes a final order on the said caste claim, interim protection given by this Court on 13.11.2013 shall continue. The Writ Petition is, thus, partly allowed and disposed of. No costs.

JUDGE JUDGE jaiswal