Ku. Riyana Dullushah vs The Sect. And Research Officer, ...
2016 Latest Caselaw 6460 Bom

    WP 5338/16                                        1                         Judgment


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                    
                   NAGPUR BENCH, NAGPUR.
                         WRIT PETITION NO. 5338/2016




                                                            
    Ku. Riyana Dullushah,
    age about 41 years, Occu: Service,
    R/O Rohana, Tq. Arvi, Dist. Wardha.                                     PETITIONER




                                                           
                                      .....VERSUS.....


    1.    The Secretary and Research Officer,
          Divisional Caste Scrutiny Committee




                                              
          for Social Welfare No.1, Nagpur 
          Division, Administrative Building No.2,


    2.
          Civil Lines, Nagpur.
          The President,
                              
          New Lokhit Sikshan Sanstha,
          Rohana, Tq. Arvi, Dist. Wardha.
                             
    3.    The Education Officer
          (Secondary), Zilla Parishad,
          Wardha.
    4.    The Deputy Director of Education,
      


          Nagpur.                                                             RESPONDENTS
   



                        Shri V.R. Choudhari, counsel for the petitioner.
         Ms T. Khan, Assistant Government Pleader for the respondent nos.1, 3 and 4.
                 Shri Saurabh A. Chaudhari, counsel for the respondent no.2.





                                         CORAM :SMT. VASANTI A  NAIK AND
                                                     MRS. SWAPNA JOSHI, JJ.   

                                                      TH     NOVEMBER,     2016.
                                          DATE     : 15

ORAL JUDGMENT (PER : SMT. VASANTI A NAIK, J.)

RULE. Rule made returnable forthwith. The petition is heard

finally at the stage of admission with the consent of the learned counsel

for the parties.

WP 5338/16 2 Judgment

2. By this writ petition, the petitioner seeks a direction to the

respondent-Scrutiny Committee to decide the caste claim of the petitioner

within a time frame. The petitioner seeks a direction against the

respondent no.2 to protect the services of the petitioner till her caste

claim is decided.

3. Ms T. Khan, the learned Assistant Government Pleader

appearing for the respondent no.1-Committee, states on instructions that

the caste claim of the petitioner is pending before the caste scrutiny

committee and the same would be decided as early as possible. Since the

petitioner is not at fault in not producing the caste validity certificate in

view of the pendency of the proceedings before the scrutiny committee, it

would be necessary to allow the writ petition.

4. The writ petition is allowed. The respondent no.1-Scrutiny

Committee is directed to decide the caste claim of the petitioner within

fifteen months from the date of appearance of the petitioner before the

scrutiny committee. The petitioner undertakes to appear before the

scrutiny committee on 05.12.2016. Since the petitioner was not at fault

in not producing the caste validity certificate, the respondent no.2 is

directed to protect the services of the petitioner till her caste claim is

decided.

WP 5338/16 3 Judgment

Rule is made absolute in the aforesaid terms with no order as

to costs.

                  JUDGE                                    JUDGE




                                                      
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