Archana D/O Kalyansingh Chavan vs The Divisional Caste Certificate ...
2016 Latest Caselaw 5959 Bom

                                                      1                                                                   WP.5474.16


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                                              
                                          NAGPUR BENCH, NAGPUR.




                                                                                
                    WRIT PETITION NOS. 5474 OF 2016 & 5475 OF 2016




                                                                               
     1]                              WRIT PETITION NO. 5474 OF 2016 

     Archana d/o Kalyansingh Chavan,
     aged about 36 years, Occupation :




                                                            
     Service, R/o Ganesh Nagar,
     Malkapur Road, Near I.T.I. College,
                                   
     Buldhana, Tq. & Dist. Buldhana.                            ...    PETITIONER.
                                                                                           
                 VERSUS
                                  
     1)  The Divisional Caste Certificate 
          Scrutiny Committee No.2, Akola, Tah. 
          & Dist. Akola, through its Chairman,
      


     2)   Dr. Panjabrao Deshmukh Krishi
   



           Vidyapeeth, Akola, Krishinagar,
           Akola, through its Registrar.                                                  ...    RESPONDENTS.





     2]                            WRIT PETITION NO. 5475 OF 2016


     Rajkumar s/o Bansidhar Kothikar,
     aged about 37 years, Occupation :





     Service, R/o C/o Ashokrao Wankhede,
     Plot No. 40, Date layout, Jaytala
     Road, Nagpur, Tq. & Dist. Nagpur.                            ...    PETITIONER.
                                                                                           
                 VERSUS

     1]  The Divisional Caste Certificate 
          Scrutiny Committee No.3, Nagpur, Tah. 
          & Dist. Nagpur, through its Chairman,

     2]  Dr. Panjabrao Deshmukh Krishi


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                                                       2                                                                   WP.5474.16


          Vidyapeeth, Akola, Krishinagar,




                                                                                                              
          Akola, through its Registrar.                                                ...    RESPONDENTS.




                                                                                
     Mr. N.B. Kalwaghe, Advocate for the Petitioner,
     Ms. N.P. Mehta, A.G.P. for the Respondent no.1,
     Mr. A.R. Patil,  Advocate for the Respondent No. 2.




                                                                               
             
                               CORAM :  B.R. GAVAI & V.M. DESHPANDE, JJ.     

DATED : OCTOBER 13, 2016.

ORAL JUDGMENT (PER B.R.GAVAI, J).

1] Rule. Rule made returnable forthwith. Heard the learned

Counsel for the parties finally by consent.

2] The petitioners have approached this Court apprehending

the termination of their services since they have not yet submitted the

validity certificate certifying that they belonged to the reserved category

against which they were appointed. The petitioner in Writ Petition No.

5474/16 claims to be belonging to "Rajput Bhamta" and came to be

appointed on the post reserved for VJ-A; whereas the petitioner in Writ

Petition No. 5475/16 claims to be belonging to "Bhope" caste which is

recognized as Nomadic Tribe and came to be appointed on the post

reserved for NT-B.

                                                       3                                                                   WP.5474.16


     3]                 The claims of the petitioners have been already submitted to




                                                                                                              

the Scrutiny Committee for considering the validity of the claim.

However, since the petitioners have not submitted the validity certificate,

they are apprehending termination of services on the basis of the

impugned communication.

4] It is not in the hands of the petitioners as to within how much

time the claim of the petitioners would be decided by the respondent

No.1 Committee.

5] In that view of the matter, we find that the petitions deserve

to be allowed on the following terms :-

I. The respondent No.1 Committee is directed to decide the claim of

the petitioners as expeditiously as possible and preferably within

a period of one year from today,

II. Till the decision is taken by the Committee on the caste claim of

the petitioners, the respondent no. 2 shall not terminate the

services of the petitioners,

III. In the event the order passed by the respondent No.1 Committee

is adverse to the interest of the petitioners, the same shall not be

given effect to for a period of three weeks from the date of receipt

4 WP.5474.16

of the communication thereof by the petitioners from the

respondent No.1.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                              JUDGE                                                     JUDGE
     J.