Bombay High CourtWP/6492/2016dispossed offdismiss for default

Umesh S/O Gunwantrao Nannaware v. The Chief Executive Officer, Zilla Parishad, Yavatmal And Others

2016-12-08Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6492 OF 2016 Umesh Gunwantrao Nannaware -vsThe Chief Executive Officer, Zilla Parishad, Yavatmal and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Ms P. D. Rane, counsel for the petitioner.

Ms Tajwar Khan, AGP for the respondent No.3.

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

DATE : 08.12.2016.

By this writ petition, the petitioner seeks a direction against the Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks a direction against the respondent Nos.1 and 2 to protect the services of the petitioner till his caste claim is decided.

Ms Khan, the leaned Assistant Government Pleader appearing for the Scrutiny Committee, states on instructions that the caste claim of the petitioner is pending before the Scrutiny Committee, but some of the material documents are not produced by the petitioner and in the absence of the documents, the Scrutiny Committee would not be able to decide the caste claim of the petitioner. Ms Rane, the learned counsel for the petitioner, states that the petitioner would appear before the Scrutiny Committee and cure the deficiencies, if any.

In view of the aforesaid, we dispose of the writ petition with a direction to the Scrutiny Committee to decide the caste claim of the petitioner within fifteen months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 20/12/2016 so that the petitioner can submit the necessary documents for the verification of

2/2 wp6492.16 the caste claim. Since the petitioner was not at fault in not producing the caste validity certificate due to the pendency of the proceedings, the services of the petitioner are protected till his caste claim is decided. Order accordingly. No costs.

JUDGE JUDGE KHUNTE