Bombay High Court
Shashikant S/O Shankarrao Bhoyar vs The Divisional Caste Certificate ... on 21 November, 2016
Bench: V.A. Naik
WP5532.16 [J].odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5532 OF 2016
Shashikant s/o Shankarrao Bhoyar,
Aged about 40 years,
Occupation - Service,
R/o. C/o. Sankalpa Building,
Moreshwar Colony, Akola,
Tahsil and District - Akola. .. Petitioner
.. Versus ..
1]
The Divisional Caste Certificate Scrutiny
Committee No.2, Akola, Tahsil and
District - Akola, through its Chairman.
2] The Divisional Caste Certificate Scrutiny
Committee No.1, Amravati Division, Amravati
through its Chairman.
3] Dr. Panjabrao Deshmukh Krishi Vidyapeeth, Akola
Krishinagar, Akola, through its Registrar.
4] The Field Officer, Agriculture Prices Scheme,
Dr. Panjabrao Deshmukh Krishi Vidyapeeth,
Akola. .. Respondents
..........
Shri N.B. Kalwaghe, counsel for the petitioner,
Shri A.M. Balpande, AGP for respondent nos.1 and 2,
Shri A.R. Patil, counsel for respondent nos.3 and 4.
..........
CORAM : SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATED : NOVEMBER 21, 2016.
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.
By this writ petition, the petitioner seeks a direction to the
respondent no.4 to forward the caste claim of the petitioner to the Scrutiny
Committee at Amravati for verification. The petitioner seeks a direction
against the Scrutiny Committee, Amravati to decide the caste claim of the
petitioner as early as possible. The petitioner seeks the protection of his
services till his caste claim is decided.
It appears that after the petitioner was appointed on a post
earmarked for the Other Backward Classes, the caste claim of the petitioner
was referred by the respondent-university to the Scrutiny Committee at Akola.
The Scrutiny Committee at Akola has, however, refused to adjudicate the caste
claim of the petitioner on the ground that the Amravati Committee would have
jurisdiction to decide the same and it would have no jurisdiction to decide it.
Since the respondent-University is not remitting the caste claim to the Scrutiny
Committee at Amravati for verification and has threatened to terminate the
services of the petitioner, the petitioner has approached this Court.
Since it is stated that the Scrutiny Committee at Amravati would
have jurisdiction to decide the caste claim of the petitioner, we dispose of the
writ petition with a direction to the respondent nos.3 and 4-University to
submit the caste claim of the petitioner to the Scrutiny Committee at Amravati
for verification within one month. The Scrutiny Committee at Amravati is
directed to decide the caste claim of the petitioner within 18 months from the
date of receipt of the same from the respondent nos.3 and 4-University. Since
the petitioner was not at fault in not producing the caste validity certificate,
the services of the petitioner are protected till his caste claim is decided.
Rule is made absolute in the aforesaid terms with no order as to
costs.
JUDGE JUDGE
Gulande, PA
