Bombay High Court
Ashok S/O Madhukarrao Tayade vs The Secretary, Shrikrishna ... on 2 April, 2016
Bench: B.P. Dharmadhikari
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.3330 OF 2015
Ashok s/o Madhukarrao Tayade,
aged about 44 years,
occupation : service,
r/o Chandur Railway, Tahsil :
Chandur Railway, District :
Amravati. ... Petitioner
- Versus -
1) The Secretary, Shrikrishna
Vyayam Shala, Amla
Vishweshwar, Tahsil : Chandur
Railway, District Amravati.
2) The Head Master, Shrikrishna
High School and Junior College,
Amla Vishweshwar, Tahsil :
Chandur Railway, District :
Amravati.
3) Scheduled Tribe and Scheduled
Caste Scrutiny Committee,
Amravati. ... Respondents
-----------------
Shri Masurkar, Advocate h/f Ms. S. Dashputre,
Advocate for petitioner.
Ms. P.D. Rane, Advocate for respondent nos.1 and 2.
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Shri A.V. Palshikar, Assistant Government Pleader for
respondent no.3.
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CORAM : B.P. DHARMADHIKARI AND
P.N. DESHMUKH, JJ.
DATED : APRIL 2, 2016
ORAL JUDGMENT (PER B.P. DHARMADHIKARI, J.) :
Rule, returnable forthwith. Heard
finally with consent of Adv. Masurkar holding for
Ms.Dashputre, learned Counsel for petitioner, Adv. Rane
for respondent nos.1 and 2, and Shri Palshikar, learned
Assistant Government Pleader for respondent no.3.
2) Adv. Masurkar for petitioner states that though
petitioner was initially appointed against a Scheduled
Tribe vacancy, later on was absorbed against open
category post. As such, respondent nos.1 and 2 never
demanded documents from him for verification of his
caste claim. He further states that petitioner is ready
and willing to furnish those documents within two
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weeks from today to Management.
3) Adv. Rane for respondent nos.1 and 2 submits
that if such documents are received, same shall be
forwarded to respondent no.3 Committee in accordance
with law within next four weeks.
4)
Show cause notice dated 4/6/2015 is the
cause of action for filing present petition. The
respondent nos.1 and 2 have threatened petitioner with
action, if caste validity is not furnished within 30 days.
5) This Court has issued notice in the matter on
16/6/2015 and stayed that show cause notice.
6) In this situation, we direct petitioner to supply
necessary documents for verification of his caste claim
to respondent no.2 Head Master within a period of two
weeks from today. After receipt of such documents,
respondent no.2 shall forward the same to respondent
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no.3 within further period of four weeks. The
respondent no.3 shall then proceed further with
verification in accordance with The Maharashtra
Scheduled Castes, Scheduled Tribes, De-notified Tribes,
(Vimukta Jatis), Nomadic Tribes, Other Backward
Classes and Special Backward Category (Regulation of
Issuance and Verification of) Caste Certificate Act, 2000
(Act No. XXIII of 2001) and attempt to complete it
within next eight months.
7) In view of above directions, it is apparent that
the impugned show cause notice dated 4/6/2015 does
not survive. It is accordingly set aside. The petition is
thus allowed and disposed of. No costs.
JUDGE JUDGE
khj
