0401WP5279.17-Judgment 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5279 OF 2017
PETITIONER :- Riyaz Rashid Shah, Age about 27 years, Ocu:
Service, R/o Talegaon, [Shyamji Panth.], Tq.
Ashti, Dist. Wardha.
...VERSUS...
RESPONDENTS :- 1. The District Caste Scrutiny Committee
Wardha, Dr. Babasaheb Ambedkar Samajik
Bhavan, Near Mahila Ashram, Laxminagar,
Sevagram Road Railway Station Road,
Wardha.
2. Zilla Parishad Nagpur, Through its Chief
Executive Officer, General Administrative
Department, Zilla Parishad, Nagpur.
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Mr. V. R. Choudhari, counsel for the petitioner.
Ms Shamsi Haider, Asstt.Govt.Pleader for the respondent No.1.
Mrs.Indira Boadade, counsel for the respondent No.2.
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CORAM : SMT. VASANTI A NAIK &
ARUN D. UPADHYE
, JJ.
DATED : 04.01.2018 O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.) Rule. Rule made returnable forthwith. The writ petition is heard finally with the consent of the learned counsel for the parties. ::: Uploaded on - 06/01/2018 ::: Downloaded on - 07/01/2018 01:53:14 :::
0401WP5279.17-Judgment 2/3 The only prayer made by the petitioner in the instant petition is for a direction against the respondent-Scrutiny Committee to decide the claim of the petitioner within a time frame and with a direction against the respondent No.2-Zilla Parishad Nagpur to protect the services of the petitioner till his caste claim is decided.
It is stated on behalf of the petitioner that though the caste claim of the petitioner is pending with the Caste Scrutiny Committee for more than 3 years, the Scrutiny Committee has not decided the same. It is submitted that the Zilla Parishad, Nagpur has threatened to terminate the services of the petitioner if the petitioner fails to produce the caste validity certificate. It is stated that in the aforesaid set of facts the directions as sought, may be granted.
It appears on a reading of the show cause notice served by the Scrutiny Committee on the petitioner dated 07/12/2017 that the Scrutiny Committee had called the petitioner for hearing on 21/12/2017. It is stated that the petitioner had requested for time and the matter is now fixed on 06/01/2018.
Since the caste claim of the petitioner is still pending before the Scrutiny Committee and the petitioner is not at fault, it ::: Uploaded on - 06/01/2018 ::: Downloaded on - 07/01/2018 01:53:14 ::: 0401WP5279.17-Judgment 3/3 would be necessary to protect the services of the petitioner till the caste claim of the petitioner is decided.
Hence, the writ petition is partly allowed. The Scrutiny Committee is directed to decide the caste claim of the petitioner within six months. The respondent No.2 is directed to protect the services of the petitioner till the caste claim of the petitioner is decided.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
KHUNTE
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