Bombay High Court
Dilip Pandurangji Parate vs The Scheduled Tribe Caste Certificate ... on 27 April, 2016
Author: Vasanti A. Naik
Bench: Vasanti A. Naik, V.M. Deshpande
wp2133.16.odt
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.2133/2016
PETITIONER: Dilip Pandurangji Parate,
aged about 54 years, Occ. Head Master,
Shri Shivaji High School, Darwah,
Tq. Darwah, Distt. Yavatmal, r/o Darwah,
Tq. Darwah, Distt. Yavatmal.
...VERSUS...
RESPONDENTS : 1. The Scheduled Tribe Caste Certificate
Scrutiny Committee, Amravati.
2. Shivaji Education Society, through its
Secretary, Shivaji Nagar, Amravati.
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Shri A.J. Gilda, Advocate for petitioner
Mrs. R.A. Deshpande, AGP for respondent no.1
Shri P.B. Patil, Advocate for respondent no.2
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CORAM : SMT. VASANTI A. NAIK, AND
V.M. DESHPANDE, JJ.
DATE : 27.04.2016
ORAL JUDGMENT (PER : SMT. VASANTI A. NAIK, J.)
Rule. Rule made returnable forthwith. The petition is heard finally with the consent of the learned Counsel for the parties.
By this writ petition, the petitioner seeks a direction to the Scrutiny Committee to decide the caste claim of the petitioner within a time-frame. The petitioner seeks the protection of his services, till his caste claim is decided.
It is stated on behalf of the petitioner that though the caste claim of the petitioner is pending before the Scrutiny Committee for long, ::: Uploaded on - 29/04/2016 ::: Downloaded on - 29/07/2016 23:59:58 ::: wp2133.16.odt 2 the Scrutiny Committee has not decided the same and the respondent no.2 has threatened to revert the petitioner in the absence of the caste validity certificate.
Mrs. Deshpande, the learned Assistant Government Pleader appearing for the Scrutiny Committee states, on instructions, that the caste claim of the petitioner is pending before the Scrutiny Committee and the same would be decided within a period of fifteen months.
In view of the statement made by the learned Assistant Government Pleader, we allow the writ petition. The respondent -
Scrutiny Committee is directed to decide the caste claim of the petitioner within a period of fifteen months from the date of appearance of the petitioner before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 25.05.2016.
Since the petitioner is not at fault in not producing the caste validity certificate, the impugned order is quashed and set aside. The respondent no.2 should not revert the petitioner or take any adverse action against him, till his caste claim is decided.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Wadkar
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