Bombay High CourtWP/6535/2016dispossed offdismiss for default

Shivdas S/O Jagannath Bhutekar v. The Divisional Caste Certificate Scrutiny Committee No.2, Akola Thr. Secretary And Others

2016-12-21Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

2112wp6535.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.6535/2016 Shivdas s/o Jagannath Bhutekar ...Versus...

The Divisional Caste Certificate Scrutiny Committee No.2, Amravati Division, Akola, through its Member Secretary and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Kshirsagar, Advocate for petitioner Mrs. H.N. Prabhu, AGP for respondent no.1 Shri N.S. Khandewale, Advocate for respondent nos.2 and 3 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 21.12.2016 The only prayer made by the petitioner in the instant petition is for a direction against the Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks the protection of his services till his caste claim is decided.

Mrs. Prabhu, the learned Assistant Government Pleader appearing for the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending and the Committee would decide the same as early as possible. Since the caste claim of the petitioner is still pending before the Scrutiny Committee, the petitioner cannot be blamed for not producing the caste validity certificate.

2112wp6535.16.odt Hence, we dispose of the writ petition with a direction against the Scrutiny Committee to decide the caste claim of the petitioner within fifteen months. We direct the respondent nos.2 and 3 to protect the services of the petitioner, till his caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE Wadkar