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Bombay High CourtWP/7334/2014dispossed offdismiss for default

Umesh S/O Ganeshrao Jambhore v. The Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati Through Its Chairman

2016-07-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

WP7334-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7334/2014 (UMESH GANESHRAO JAMBHORE VERSUS THE S.T. CASTE CERTIFICATE SCRUTINY COMMITTEE, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.J. Gilda, counsel for the petitioner.

Shri N.R. Rode, A.G.P. for the R-1.

CORAM : SMT.VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : JULY 08 , 2016.

By this writ petition, the petitioner seeks a direction against the respondent-Scrutiny Committee to decide the caste claim of the petitioner, within a time frame. The petitioner challenges the order of proposed termination, dated 18.12.2014. Shri Rode, the learned Assistant Government Pleader appearing for the Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided as early as possible. In view of the statement made by the learned Assistant Government Pleader, we partly allow the writ petition. The Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of eight months. Since the petitioner was not at fault in not producing the caste validity certificate, the impugned order of proposed termination is quashed and set aside. The concerned respondents are directed to protect the services of the petitioner till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE APTE