Sagar Dilip Jamadar v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:32024-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10579 OF 2025 Sagar s/o Dilip Jamadar ... PETITIONER

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.M. Vibhute, Advocate for petitioner Mr. D.R. Korde, A.G.P. for respondents .......

CORAM : R.G. AVACHAT AND ABASAHEB D. SHINDE, JJ.

DATE : 19th NOVEMBER, 2025 O R D E R :

Rule. Rule made returnable forthwith. With the consent of both the sides, heard finally at the admission stage. 2.

By this Writ Petition, the petitioner is challenging the termination order dated 5/8/2025, issued by respondent No.4- Joint Director, Vocational Education & Training, Pune on the ground that the petitioner has failed to submit the caste validity certificate within stipulated period.

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3.

The petitioner, besides the said prayer, is also seeking direction that the caste claim of the petitioner, which is pending before the respondent No.2 Caste Scrutiny Committee be directed to be expedited.

4.

Considering the submissions advanced, we are of the view that, the impugned termination order issued by the respondent No.4 is only on the ground that the petitioner has failed to submit the caste validity certificate within stipulated period. In our view, the petitioner cannot be faulted with for the delay in deciding the caste claim of the petitioner on the part of the Caste Scrutiny Committee. Learned counsel for the petitioner has invited our attention to the orders passed by this Court in similar circumstances, wherein this Court, in those Writ Petitions, bearing Writ Petition No.6103/2015, Writ Petition No.4113/2017 and Writ Petition No.2856/2010, has set aside the termination orders which were issued for non-submission of the caste validity certificates by the concerned employees. 5.

In the light of that, we adopt the same course by setting aside the impugned order dated 5/8/2025, issued by

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the respondent No.4, thereby terminating the services of the petitioner for non-submission of the caste validity certificate and direct the respondent No.4 to reinstate the petitioner in service within a period of two weeks from today. If the petitioner is reinstated, the petitioner will forego the backwages from the date of his termination till the date of reinstatement. We also direct the respondent No.2 Caste Scrutiny Committee to decide the caste claim of the petitioner within a period of eight months from today. With these directions, the Writ petition stands disposed of. Rule made absolute in above terms.

(ABASAHEB D. SHINDE, J.) (R.G. AVACHAT, J.) fmp/-