Bombay High CourtWP/6588/2016dispossed offdismiss for default

Raju S/O Pandurang Hawelikar v. Joint Commissioner And Vice-Chairman, Scheduled Tribe Caste Cert. Scrutiny Commi. And Another

2016-12-13Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

13.12.wp.6588.16

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.6588/2016 (Raju s/o Pandurang Hawelikar vs. Joint Commissioner & Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny committee, Nagpur and another ) .............................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders .............................................................................................................................................. Miss Soniya Gajbhiye, Adv. h/for Mr. S.R. Narnaware, Advocate for the petitioner Mr. A.S.Fulzele, Additional Government Pleader, for Respondent No.1 CORAM : SMT. VASANTI A. NAIK & MRS. SWAPNA JOSHI, JJ.

DATED : 13th December, 2016.

Heard.

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 and a direction against the respondent no.2 to protect the services of the petitioner till his caste claim is decided. Shri A.S. Fulzele, the learned Additional Government Pleader appearing for the Scrutiny Committee states on instructions, that the caste claim of the petitioner is pending before the Committee and the same would be decided as early as possible.

Since the caste claim of the petitioner is pending, the services of the petitioner need to be protected as the petitioner is not at fault in not producing the caste validity certificate. Hence, we dispose of the Writ Petition with a direction to the Scrutiny Committee to decide the caste claim of the

13.12.wp.6588.16 petitioner within fifteen months and a direction against the respondent no.2 to protect the services of the petitioner, till his caste claim is decided.

Order accordingly. No costs.

JUDGE JUDGE sahare