Deosing S/O. Rodusing Chanda vs The Divisional Caste Cert. ...
2016 Latest Caselaw 847 Bom

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                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                              
                            NAGPUR BENCH, NAGPUR.




                                                                    
                             WRIT PETITION NO.1715 OF 2016


     PETITIONER :-                  Deosing S/o Rodusing Chanda, aged about 41
                                    years, Occupation : Service, R/o Shankar Nagar,




                                                                   
                                    Sangrampur, Tahsil Sangrampur, District
                                    Buldhana.

                                             ...VERSUS... 




                                                   
     RESPONDENTS :-                  1) The Divisional Caste Certificate Scrutiny
                               ig    Committee No.2, Akola, Tahsil and District
                                     Akola, through its Chairman.


                                     2) Zilla Parishad Buldhana, through its Chief
                             
                                     Executive Officer.
     ---------------------------------------------------------------------------------------------------
                       Mr. N.B. Kalwaghe, Counsel for the Petitioner.
                       Mr.S.M. Uke, Counsel for the Respondent No.2.
                       Mrs.K.R. Deshpande, Additional Government Pleader for 
      


                       the Respondent No.1.
     ---------------------------------------------------------------------------------------------------
   



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

DATED : MARCH 22, 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

respondent No.1-Committee to decide the caste claim of the petitioner

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within a time frame. The petitioner seeks a direction to the respondent

No.2-Zilla Parishad to protect the services of the petitioner till his caste

claim is decided.

It is stated on behalf of the petitioner that though the

respondent No.1-Committee has not decided the caste claim of the

petitioner, the respondent No.2-Zilla Parishad has served a notice of

proposed termination on the petitioner. It is stated, in this background,

that the aforesaid relief needs to be granted.

Mrs.K.R. Deshpande, the learned Assistant Government

Pleader appearing on behalf of the respondent No.1-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.

In view of the statement made by the learned Assistant

Government Pleader, we allow the writ petition. We direct the

respondent No.1-Scrutiny Committee to decide the caste claim of the

petitioner as early as possible and positively, within a period of one

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

validity certificate, we direct the respondent No.2-Zilla Parishad to

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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 




                                            
     !!  BRW  !!