Bombay High Court
Ganesh Vasant Shinde vs The Scheduled Tribe Certificate ... on 22 August, 2016
Bench: S.V. Gangapurwala
1 wp 7768.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7768 OF 2015
Ganesh Vasant Shinde,
Age : 27 Years, Occu. : Service,
R/o At Post Shelty, Tq. Shahada,
Dist. Nandurbar. .. Petitioner
Versus
1.
The Scheduled Tribe Certificate
Scrutiny Committee,
Nandurbar Division, Nandurbar.
2. The Chief Executive Officer,
Zilla Parishad, Dhule,
Tq. & Dist. Dhule.
3. The Education Officer (Primary),
Zilla Parishad, Dhule,
Tq. & Dist. Dhule.
4. The Block Education Officer,
Panchayat Samiti, Shirpur,
Tq. Shirpur, Dist. Dhule. .. Respondents
Shri Vijay Patil, Advocate for the Petitioner.
Mrs. M. A. Deshpande, A.G.P. for the Respondent No. 1.
Shri N. N. Desale, Advocate for Respondent Nos. 2 and 3.
CORAM : S. V. GANGAPURWALA AND
K. L. WADANE, JJ.
DATE : 22ND AUGUST, 2016.
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ORAL JUDGMENT (Per S. V. Gangapurwala, J.) :-
. Rule. Rule made returnable forthwith. With the consent of
parties taken up for final hearing.
2. Mr. Patil, the learned counsel for the petitioner submits
that, the petitioner was appointed as a Shikshan Sevak vide
appointment order dated 31.03.2012 by the respondent No. 2.
The petitioner is appointed from reserved category. The proposal
seeking validity in respect of his caste claim was referred to the
Committee. This Court vide order dated October 22 nd 2012 in
Writ Petition No. 8704 of 2012 had directed the Committee to
decide the proceedings within a period of six months. However,
same is not yet decided. The learned counsel submits that,
though after completion of three years of his service, the
petitioner is entitled to be confirmed as Assistant Teacher, the
said benefit is not conferred on the petitioner on account that the
caste claim of the petitioner is not decided. The learned counsel
states that, the petitioner may be given the benefits of an
Assistant Teacher.
3. The learned counsel for the respondent Nos. 2 and 3
submits that, as the petitioner is appointed from the reserved
category and the validity is not yet issued, as such the petitioner
is not given the said benefits.
3 wp 7768.15
4. We have heard the learned Assistant Government Pleader
also.
5. This Court vide order dated 22nd October, 2012 passed in
Writ Petition No. 8704 of 2012 had directed the Committee to
decide the validation proceedings within a period of six months.
Four years have almost lapsed and as per the contention of the
petitioner the same is not yet decided. The Committee shall
endeavour to dispose of the said proceedings expeditiously.
6. The respondent No. 1/Committee shall decide the
validation proceedings in respect of the caste claim of the
petitioner, if, not already decided expeditiously and preferably
within a period of six (06) months from today. The petitioners
shall co-operate in expeditious disposal of the proceedings. The
respondent No. 3 shall not withhold the benefits available to the
petitioner on his appointment as Shikshan Sevak and completion
of his tenure as Shikshan Sevak and subsequently treating him
as Assistant Teacher only on the ground that validation
proceedings are pending. In case the respondent No. 3 finds
petitioner to be eligible to be treated as a Assistant Teacher on
completion of his period of Shikshan Sevak, then the benefits of
the same shall be given expeditiously and preferably within a
period of four (4) months from today. The petitioner shall appear
before the respondent No. 1 on 06.09.2016. The benefits that
4 wp 7768.15
would be granted would be subject to the decision of the
Committee in the validation proceedings.
Rule accordingly is made absolute in above terms. No
costs.
Sd/- Sd/-
[ K. L. WADANE, J. ] [ S. V. GANGAPURWALA, J. ]
bsb/August 16
