Subhash S/O. Bhagwan Surdkar vs Scheduled Tribe Certificate ...
2016 Latest Caselaw 6383 Bom

                                                       1                                        jg.wp3960.15.odt




                                                                                                
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 
                              NAGPUR BENCH, NAGPUR.




                                                                     
                                   Writ Petition No. 3960 of 2015

     Subhash S/o Bhagwan Surdkar 
     Age - 43, Occ-Service, R/o- Zilla Parishad
     Primary School, Mandva Post, Adol, 




                                                                    
     Tq - Jalgaon (Jamod) & Dist. Buldhana.                                                .... Petitioner

         // Versus // 

     (1) Scheduled Tribe Certificate Scrutiny




                                                    
           Committee Division, Nandurbar through 
           its Chairman, Adiwasi Vikas Bhavan, 
                               
           Nandurbar Tq-Dist- Nandurbar.

     (2) Chief Executive Officer,
                              
           Zilla Parishad Buldhana,
           Tq-Dist-Buldhana.                                                            .... Respondents
     ---------------------------------------------------------------------------------------------------------
     Shri M. V. Bute, Advocate for the petitioner 
      

     Shri A. V. Palshikar, Assistant Government Pleader for respondent no. 1 
     Shri S. M. Ukey, Advocate for respondent no. 2
   



     --------------------------------------------------------------------------------------------------------

                                                           CORAM : Smt. Vasanti A. Naik and 
                                                                      Kum. Indira Jain, JJ.

DATE : 26-10-2016.

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.

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

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

.....2/-

2 jg.wp3960.15.odt

petitioner and further seeks a direction against the respondent no. 2 to

protect the services of the petitioner till his caste claim is decided.

3. Shri Palshikar, learned Assistant Government Pleader appearing

on behalf of the Scrutiny Committee states on instructions that the caste

claim of the petitioner is pending before the Scrutiny Committee and the

Scrutiny Committee would decide the same as early as possible.

4.

In view of the statement made on behalf of the Scrutiny

Committee, it would be necessary to allow the petition. Hence, the writ

petition is allowed. The respondent no. 1 Scheduled Tribe Certificate

Scrutiny Committee, Division Nandurbar is directed to decide the caste

claim of the petitioner within 15 months from the date of appearance of the

petitioner before it. The petitioner undertakes to remain present before the

Scrutiny Committee on 22-11-2016.

The respondent no. 2 is directed to 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
     wasnik


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