Bombay High CourtCAW/2121/2024ca disposed off

Mangaldas Dayaram Bokade v. The Scheduled Tribes Caste Scrutiny Committee, Through Its Member Secretary, Nagpur And Another

2024-08-13Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:8970-DB 1 06-wp 1739.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 2121 OF 2024 IN WRIT PETITION NO. 1739 OF 2018 ( Mangaldas Dayaram Bokade vs. The Scheduled Tribes Caste Scrutiny Committee through its Member Secretary, Nagpur and another ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr.P.R.Parsodkar, Advocate for the petitioner. Mr.H.D.Marathe, Assistant Government Pleader for the respondent No.1.

Mr.A.Z.Jibhkate, Advocate for respondent No.2. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : AUGUST 13 , 2024 The tribe claim of the petitioner as that of belonging to "Halba" (Scheduled Tribe) came to be negated vide impugned order dated 17/02/2018 passed by the respondent No.1 Committee.

2) Mr.Parsodkar, learned Counsel for the petitioner has not pressed the petition to the said extent i.e. challenge to the order of invalidation. However, through the present application a prayer is made by the petitioner that his services be placed on a supernumerary post in view of the policy of the State Government reflected in Government Resolution dated 21/12/2019.

3) We deem it appropriate to allow the said application. As such, we permit the petitioner to carry out amendment to the petition within a period of one week.

2 06-wp 1739.2018.odt 4) In response to the claim put forth about placing the services of the petitioner on a supernumerary post, the respondent No.2 Management has already recommended the candidature of the petitioner which is pending for consideration with the Education Officer(Secondary), Bhandara. 5) That being so, we dispose of the petition by directing the Education Officer, Bhandara so also the Deputy Director of Education, Nagpur Division to deal with the claim of the petitioner recommended by the respondent No.2 Management for placing the services of the petitioner on a supernumerary post. Let the decision be communicated to the petitioner and the Management within a period of eight weeks from today.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE Signed by: Mr. Ravikant Kolhe Designation: PA To Honourable Judge Date: 14/08/2024 15:45:36