Imam Shah Ibrahim Shah vs The State Of Maha. Thr. Its ...
2016 Latest Caselaw 5385 Bom

    WP 4542/15                                                          1                         Judgment

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




                                                                                                      
                             WRIT PETITION No. 4542/2015




                                                                              
    Imam Shah Ibrahim Shah,
    Age about 26 years, Occu: Service,
    R/o Madar Tekdi Parpeth, Malkapur,
    Dist. Buldana.                                                                            PETITIONER




                                                                             
                                           .....VERSUS.....

    1.     The State of Maharashtra,
           Through its Secretary
           Social Welfare Department, 
           Mantralaya, Mumbai - 400 032.




                                                     
    2.     The Divisional Caste Scrutiny Committee-2,
           Through its Member Secretary/President,
                               
           Administrative Building, 2nd Floor,
           Collectorate Premises, Akola.
    3.     The Education Officer,
                              
           Office of the Primary Education Officer,
           Hindu Colony, Municipal Corporation,
           (School building), Lakhansi Napu Road,
           Hindu Colony, Dadar East, Mumbai-440014.
    4.     The Administrative Officer (School),
      

           P/N Ward, above ban dongri Marathi
           Municipal School,
   



           1st Floor, Daftri Road, Near Koshish 
           School, Malad (East), Mumbai-400 097.                                                RESPONDENTS

     Shri G.R. Kothari, Advocate holding for Shri V.R. Choudhari, counsel for the petitioner.
       Shri P.S. Tembhare, Assistant Government Pleader for the respondent nos.1 and 2.





                                            CORAM :SMT.VASANTI  A  NAIK AND
                                                         KUM. INDIRA JAIN, JJ.        

                                             DATE       :  19  TH     
                                                                       SEPTEMBER,   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.

WP 4542/15 2 Judgment

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

the Scrutiny Committee to decide the caste claim of the petitioner within

a time frame. The petitioner seeks the protection of his services till his

caste claim is decided.

3. Shri Tembhare, the learned Assistant Government Pleader

appearing for the Scrutiny Committee, states on instructions that the

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

same would be decided as early as possible.

4. In view of the statement made by the learned Assistant

Government Pleader, we allow the writ petition. The Scrutiny Committee

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

months. Since the petitioner was not at fault in not producing the caste

validity certificate, we 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



    APTE





     WP 4542/15                                     3                          Judgment

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