Bombay High Court
Ku. Bharti D/O Ramdas Bharde vs State Of Maha., Tribal ... on 15 April, 2016
Bench: V.A. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1704 OF 2016
PETITIONER :- Ku.Bharti D/o Ramdas Bharde, Aged 25
years, Occupation - Service, R/o. Khapri,
Post- Kora, Tah. Samudrapur, District Wardha
- 442305.
...VERSUS...
RESPONDENTS :- ig 1. State of Maharashtra, Tribal Development
Department.
Through it's Principal Secretary, Mantralaya
Extension, Mdam Kama Road, Mumbai-
400032.
2. Scheduled Tribes Caste Scrutiny Committee,
Through its Member Secretary, Adiwasi
Vikas Bhavan, Giripeth, Amravati Road,
Nagpur - 440001.
3. Divisional Controller, Maharashtra State
Road Transport Corporation, Bhandara
Division, Bhandara (M.S.) - 441904.
4. Depot Manager, Maharashtra State Road
Transport Corporation, Bhandara Division,
Bhandara (M.S.) - 441904.
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Mr. T. Rahul, counsel for the petitioners.
Mr. N.R.Patil, Asstt.Govt.Pleader for the respondent Nos.1 and 2.
Mr.V.G.Wankhede, counsel for the respondent Nos.3 and 4.
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CORAM : SMT. VASANTI A. NAIK &
V. M. DESHPANDE, JJ.
DATED : 15.04.2016
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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 with the consent of the learned counsel for the parties.
2. 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 also seeks a direction against the respondent
Nos.3 and 4 to protect the services of the petitioner till her caste claim
is decided.
3. Shri Patil, the learned Assistant Government Pleader
appearing on behalf of the respondent-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
one year.
4. 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 one year from the date of appearance of
the petitioner before the Scrutiny Committee. The petitioner undertakes
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to appear before the Scrutiny Committee on 02/05/2016 so that
issuance of notice to the petitioner could be dispensed with. Since the
petitioner was 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
