Jitendra S/O. Rambhau More vs The Divisional Caste Cert. ...
2016 Latest Caselaw 1061 Bom

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




                                                                    
                          WRIT PETITION NO.  1714   OF    2016

     PETITIONER :-                        Jitendra S/o Rambhau More, aged about 38 
                                          years,   Occupation:   Service,   R/o   R/o 
                                          Chandrakala Niwas, Sunderkhed, Buldhana, 




                                                                   
                                          Tah.and Dist. Buldhana. 

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-                  1) The   Divisional   Caste   Certificate   Scrutiny 
                               ig       Committee No.2, Akola, Tah.and Disti.Akola, 
                                        through its Chairman. 
                                     2) Zilla   Parishad   Buldhana,   through   its   Chief 
                                        Officer. 
                             
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                        Mr. N.B.Kalwaghe, counsel for the petitioner.
             Mr. H. D. Dubey, Asstt.Govt.Pleader for the respondent No.1. 
                      Mr. S.M.Ukey, counsel for the respondent No.2.
      


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

DATED : 31.03.2016

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 with the consent of the learned counsel for the parties.

2. By this writ petition, the petitioner, who is still in service

and who was appointed on a post reserved for the "Vimukta Jati (A)",

has sought a direction to the respondent-Scrutiny Committee to decide

2/2 3103wp1714.16-Judgment

his caste claim within a time frame. Since the petitioner is not at fault in

not producing the caste validity certificate in the absence of a decision

on his caste claim, the petitioner has sought the protection of his

services.

3. Shri Dubey, 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 as early as

possible.

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 fifteen months. The respondent-Zilla

Parishad is directed to protect the services of the petitioner till his caste

claim is decided. Rule is made absolute in the aforesaid terms with no

order as to costs.

                                  JUDGE                                        JUDGE 





     KHUNTE