Arun Parashuram Barkar v. Caste Scrutiny Committee For Scheduled Tribe Through Additional Commissioner And Another

wp5922.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5922 OF 2015 Arun Parashuram Barkar -vsCaste Scrutiny Committee for Schedule Tribe Gadchiroli, through the Additional Commissioner and President of Scrutiny Committee for Schedule Tribe and another ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.V. R. Chaudhari, counsel for the petitioner. Mr. N.R.Rode, AGP for the respondents.

CORAM : SMT. VASANTI A. NAIK & A.I.S.CHEEMA, JJ.

DATE : 29.10.2015.

Heard.

By this petition, the petitioner seeks a direction to the respondent-Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner also seeks a direction, restraining the respondent No.2 from taking any adverse action against the petitioner till the caste claim of the petitioner is decided. demur Shri Rode, the learned Assistant Government Pleader appearing on behalf of the respondents, states that in the Caste Scrutiny Committee, Gadchiroli there is a dearth of vigilance officers. It is stated that several posts of vigilance officers are vacant in the said Committee and, therefore, it would not be possible to decide the caste claim of the petitioner till those vacancies are filled up and the Vigilance Cell starts functioning effectively. It is stated that if the vacancies on the post of vigilance officers are filled up, the caste claim of the petitioner could be decided within a short time.

wp5922.15 2/2 In view of the statements made by the learned Assistant Government Pleader, we dispose of the writ petition with a direction to the respondent No.1-Scrutiny Committee to decide the caste claim of the petitioner as early as possible and positively within a period of fifteen months. If the vacancies in the post of vigilance officers are filled up in the recent future, the respondent No.1-Scrutiny Committee is free to decide the caste claim of the petitioner within a couple of months. The respondent No.2 should not take any adverse action against the petitioner for not submitting the caste validity certificate till his caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE KHUNTE