Bombay High Court
Mustafa Shaha Ismail Shaha vs The State Of Maharashtra Through Its ... on 21 January, 2016
Author: Vasanti A. Naik
Bench: Vasanti A. Naik, A.S. Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.3489 OF 2015
PETITIONER: Mustafa Shaha Ismail Shaha, Aged
about 42 years, R/o Painganga
Nagar, Moula Road, Mehkar, Dist.
Buldhana.
-VERSUS-
RESPONDENTS: 1. The State of Maharashtra, Through
ig it's Secretary, Social Welfare
Department, Mantralaya, Mumbai -
440032.
2. The Divisional Caste Scrutiny,
Through its Member
Secretary/President Administrative
Building, 2nd Floor, Collectorate
Premises, Akola.
3. The Chief Officer, Nagar Parishad,
Mehkar, Dist. Buldhana.
Shri V. R. Choudhari, Advocate for the petitioner.
Shri N. S. Rao, Assistant Government Pleader for respondent No.1 and 2.
Shri A. R. Deshpande, Advocate for respondent No.3.
CORAM: SMT. VASANTI A. NAIK
AND
A.S. CHANDURKAR JJ.
DATED
: 21
JANUARY, 2016.
st
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.
::: Uploaded on - 25/01/2016 ::: Downloaded on - 31/07/2016 01:52:13 ::: wp3489.15.odt 2/2By this petition, the petitioner seeks a direction to the respondent - Scrutiny Committee to decide the caste claim of the petitioner within a time frame. The petitioner seeks a direction to the respondent No.3 to protect his services till his caste claim is decided.
Shri Rao, the learned Assistant Government Pleader appearing on behalf of the Scrutiny Committee states on instructions that the caste claim of the petitioner is pending before the Committee and the Committee would decide it as early as possible.
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 as early as possible and positively within a period of one year from the date of appearance before the Scrutiny Committee. The petitioner undertakes to appear before the Scrutiny Committee on 8-2-2016. Since the petitioner was not at fault in not producing the caste validity certificate, the services of the petitioner are protected till his caste claim is decided.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
//MULEY//
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