Dilip Pandurangji Parate vs The Scheduled Tribe Caste ...
2016 Latest Caselaw 1933 Bom

                                                                                            wp2133.16.odt

                                                          1




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




                                                                    
                                     WRIT PETITION NO.2133/2016

         PETITIONER:                Dilip Pandurangji Parate, 
                                    aged about 54 years, Occ. Head Master, 




                                                                   
                                    Shri Shivaji High School, Darwah, 
                                    Tq. Darwah, Distt. Yavatmal, r/o Darwah,
                                    Tq. Darwah, Distt. Yavatmal.

                                                       ...VERSUS...




                                                   
         RESPONDENTS :  1.  The Scheduled Tribe Caste Certificate 
                             
                            Scrutiny Committee, Amravati. 

                                    2.  Shivaji Education Society, through its 
                                         Secretary, Shivaji Nagar, Amravati. 
                            
         -----------------------------------------------------------------------------------------------------
                           Shri A.J. Gilda, Advocate for petitioner 
                           Mrs. R.A. Deshpande, AGP for respondent no.1
                           Shri P.B. Patil, Advocate for respondent no.2
         -----------------------------------------------------------------------------------------------------
      


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

DATE : 27.04.2016

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.

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 seeks the protection of his services, till his

caste claim is decided.

It is stated on behalf of the petitioner that though the caste

claim of the petitioner is pending before the Scrutiny Committee for long,

wp2133.16.odt

the Scrutiny Committee has not decided the same and the respondent

no.2 has threatened to revert the petitioner in the absence of the caste

validity certificate.

Mrs. Deshpande, the learned Assistant 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 within a period of fifteen months.

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 fifteen months from the date of appearance of the

petitioner before the Scrutiny Committee. The petitioner undertakes to

appear before the Scrutiny Committee on 25.05.2016.

Since the petitioner is not at fault in not producing the caste

validity certificate, the impugned order is quashed and set aside. The

respondent no.2 should not revert the petitioner or take any adverse

action against him, till his caste claim is decided.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                              JUDGE                                                      JUDGE


         Wadkar