Jaishree D/O. Sheshrao Likhar vs Zilla Parishad, Amravati Thr. ...
2016 Latest Caselaw 1192 Bom

                                                 1/2                     0404WP1695.16-Judgment




                                                                                              
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH, NAGPUR.




                                                                    
                          WRIT PETITION NO.  1695   OF    2016

     PETITIONER :-                        Jaishree D/o Sheshrao Likhar, Aged about 42 
                                          years,   Occ.   Assistant   Teacher,   R/o. 




                                                                   
                                          Vrundawan Colony, Sai Nagar, Amravati. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-                  1) Zilla   Parishad,   Amravati   through   its   Chief 
                                        Executive Officer, Tah. & Distt. Amravati.  
                               ig    2) Education   Officer   (Primary),   Zilla   Parishad 
                                        Amravati. 
                             
                                     3) Scheduled   Tribe   Certificate   Scrutiny 
                                        Committee,   Amravati   Division,   Amravati, 
                                        through   its   Member   Secretary   having   its 
                                        Office   at   Irwin   Chowk,   Amravati   Distt. 
                                        Amravati. 
      


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                         Mr. P. K. Raulkar, counsel for the petitioner.
                 Mr. J.B. Kasat, counsel for the respondent Nos.1 and 2.
              Mr. S.M.Ukey, Addl. Govt. Pleader for the respondent No.3.
     ---------------------------------------------------------------------------------------------------





                                               CORAM : SMT. VASANTI A. NAIK &
                                                       V. M.DESHPANDE, JJ.

DATED : 04.04.2016

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. The petition is

heard finally at the stage of admission with the consent of the learned

counsel for the parties.

2/2 0404WP1695.16-Judgment

2. By this writ petition, the petitioner has sought a direction

to the Scrutiny Committee to decide the caste claim of the petitioner

within a time frame. The petitioner has sought the protection of her

services till her caste claim is decided.

3. Shri Ukey, the learned Additional 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 as early as possible.

4. In view of the statement made by the learned Additional

Government Pleader, the writ petition is allowed. The respondent-

Scrutiny Committee is directed to decide the caste claim of the

petitioner within a period of fifteen months. Since the petitioner is not

at fault in not producing the caste validity certificate, the services of the

petitioner are protected till her caste claim is decided. Rule is made

absolute in the aforesaid terms with no order as to costs.

                                   JUDGE                                     JUDGE 



     KHUNTE