Sau Shobha W/O Ramesh Chavhan vs The Chairman, Schedule Tribe ...
2016 Latest Caselaw 6461 Bom

    WP 5118/16                                        1                         Judgment


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                     
                   NAGPUR BENCH, NAGPUR.
                         WRIT PETITION NO. 5118/2016




                                                            
    Sau.Shobha W/o Ramesh Chavhan,
    Age:    Yrs., Occupation: Service,
    R/o Ward No.18, Gandhi Nagar, 
    Behind Wadhwani Mangal Karyalay,




                                                           
    Chikhali, Tq. Chikhali, Distt. Buldhana.                                PETITIONER


                                       .....VERSUS.....




                                               
    1.    The Chairman,
          Schedule Tribe Caste Certificate 
          Scrutiny Committee, 
                              
          Irwin Chowk, Amravati Division,
          Amravati.
    2.    The Secretary,
                             
          Shri Shivaji Education Society,
          Amravati, Shivaji Nagar, Amravati.
    3.    The Head Master,
          Shri.Shivaji Abhyas Shala, Chikhli,
      

          Tq. Chikhli, Dist. Amravati.                                        RESPONDENTS
   



                      Shri R.S. Suryawanshi, counsel for the petitioner.
          Shri A.A. Madiwale, Assistant Government Pleader for the respondent no.1.
                    Shri P.B. Patil, counsel for the respondent nos.2 and 3.





                                        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 5118/16 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 nos.2 and 3 to protect the services of the petitioner till her

caste claim is decided.

3. Shri Madiwale, 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 nos.2 and 3

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

decided.

WP 5118/16 3 Judgment

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

to costs.

                  JUDGE                                    JUDGE




                                                      
    APTE