Sagar Dnyaneshwar Shinde v. Secretary Maharashtra State Commission And ORS

402-PIL-110-2024 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 110 OF 2024 Sagar Dnyaneshwar Shinde .. Petitioner

Versus

Secretary Maharashtra State Commission for Schedule Caste And Schedule Tribe & Ors.

.. Respondents Mr. Yuvraj Narvankar for petitioner.

Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Addl. Govt. Pleader and Mrs. G. R. Raghuwanshi, AGP for respondent nos.1, 2, 4 and 5.

Digitally signed by PRAVIN DASHARATH PANDIT Date:

2024.09.04 17:45:29 +0530 PRAVIN DASHARATH PANDIT CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE:

4th SEPTEMBER, 2024 P.C.:

1.

On the oral prayer made by the learned counsel for the petitioner, let respondent no.3 be deleted from the array of respondents and respondents be accordingly renumbered. 2.

Necessary amendment shall be incorporated by the learned counsel for the petitioner during the course of the day. Re-verification is dispensed with.

3.

Issue notice to the respondents.

4.

Learned Government Pleader has put in appearance on behalf of the respondent nos.1, 2, 4 and 5 and waives service of notice.

402-PIL-110-2024 5.

The grievance raised in this Public Interest Litigation petition is that the State Commission for Schedule Caste and Schedule Tribe, as constituted by means of the Government Resolution dated 1st March, 2005, is unable to function at present for the reason that vacancy in the office of Chairman and other Members have not been filled in since December, 2022. It is the case of the petitioner that the Commission discharges important functions concerning the welfare of the members belonging to Schedule Caste and Schedule Tribe, however, on account of vacancy in the office of its Chairman and Members, those functions are standstill. As per the petitioner, at present, around 877 complaints are pending before the Commission but because of the vacancy, as aforesaid, the grievance of such complainants is not being redressed.

6.

Stand over to 18th September, 2024. To be listed High on Board.

7.

Learned Government Pleader shall seek instructions as to why and under what circumstances the office of Chairman and Members of the Commission are lying vacant since December, 2022 and since then what steps have been taken by the Government to make appointments.

(AMIT BORKAR, J.) (CHIEF JUSTICE)