Bombay High CourtWP/7248/2014dispossed offdismiss for default

Sau Anita W/O Premanand Raikwar v. The State Of Maharashtra Through The Secretary, Department Of Tribal Development,Mumbai And 2 Other

2015-07-07Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice P.B. Varale2 pages

WP7248-14 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 7248/2014 (ANITA PREMANAND RAIKWAR VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M. Sudame, counsel for the petitioner. Shri N.R. Patil, A.G.P. for the R-1.

Shri K.P. Sadavarte, counsel for the R-2.

CORAM : SMT. VASANTI A. NAIK AND PRASANNA B. VARALE, JJ.

DATE : JULY 7 , 2015.

By this petition, the petitioner seeks a direction to the scrutiny committee to verify the caste claim of the petitioner as expeditiously as possible. The petitioner also seeks the protection of her services till her caste claim is decided. According to the petitioner, though the caste claim of the petitioner is pending before the scrutiny committee, by the impugned order dated 04.12.2014, the petitioner is directed to produce the caste validity certificate. It is stated that the respondents may contemplate reverting the petitioner if the petitioner fails to submit her caste validity certificate. Shri Sadavarte, the learned counsel for the scrutiny committee, states that the caste claim of the petitioner is pending with the committee and the same would be decided within a period of one year.

By accepting the statement made on behalf of the scrutiny committee, which would be binding on it, we dispose of the writ petition by protecting the services of the petitioner till her caste claim is decided as the petitioner was not at fault in not producing the caste validity certificate.

WP7248-14 In the circumstances of the case, there would be no order as to costs.

JUDGE JUDGE APTE