Nandkishor S/O Gonwantrao Pawar vs The State Of Maharashtra Through ...
2016 Latest Caselaw 36 Bom

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




                                                                    
                                     WRIT PETITION NO.2831/2015

         PETITIONER:                Nandkishor s/o Gunwantrao Pawar, 




                                                                   
                                    Aged 40 years, r/o at Post - Sanglood,
                                    Tah. Daryapur, Distt. Amravati. 

                                                       ...VERSUS...




                                                   
         RESPONDENTS:               1.  The State of Maharashtra through 
                              ig         the Secretary, Department of Education, 
                                         Mantralaya, Mumbai. 

                                    2.  The Secretary, Vidarbha Youth Welfare 
                            
                                         Society, Office at 'Chaitanya' building 36, 
                                         Ganediwal Layout, Camp, Amravati. 

                                    3.  The Principal Indirabai Meghe 
                                         Mahila Mahavidyalaya, Amravati. 
      


                                    4.  Joint Commissioner & Vice Chairman 
   



                                         Scheduled Tribe Scrutiny Committee, Amravati. 

         -----------------------------------------------------------------------------------------------------
                           Shri S.D. Harode, Advocate for petitioner 
                           Mrs. Mrunal Naik, AGP for respondent no.1





                           Shri R.D. Bhuibhar, Advocate for respondent nos.2 and 3
         -----------------------------------------------------------------------------------------------------

                                                         CORAM  :  SMT. VASANTI A. NAIK, AND
                                                                           A.S. CHANDURKAR, JJ.

DATE : 24.02.2016

ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)

1. On the oral request made by the learned Counsel for the

petitioner, leave is granted to amend the prayer clause. Amendment be

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carried out forthwith.

2. Rule. Rule made returnable forthwith. The petition is heard

finally with the consent of the learned Counsel for the parties.

3. The only relief sought by the petitioner in the present writ

petition is a direction to the Scrutiny Committee to decide caste claim of

the petitioner which is stated to be pending with the Scrutiny Committee.

4. It is the case of the petitioner that he belongs to 'Thakur'

Scheduled Tribe and has been appointed on the post of Peon in the

respondent no.3 - College on 1.4.1998. As the petitioner was appointed

on a post reserved for Scheduled Tribe candidates he had submitted

necessary documents to the Management for verification of his caste

claim. Though the claim was forwarded to the respondent

no.4 - Scrutiny Committee, the same has not yet been decided.

5. Mrs. Mrunal Naik, learned Assistant Government Pleader for

the respondent nos.1 and 4, on instructions, submits that the caste claim

of the petitioner is pending with the Scrutiny Committee.

6. In view of aforesaid, the writ petition is disposed of by

directing the respondent no.4 - Scrutiny Committee to complete the

process of verification of the petitioner's caste claim within a period of one

year from the date of appearance of the petitioner before the Committee.

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7. The petitioner shall appear before the Scrutiny Committee

on 15.03.2016. The services of the petitioner shall remain protected till

the caste claim is decided.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                                 JUDGE                                                    JUDGE   
                                 
                                           
                                
         Wadkar