Prakash S/O Rameshwar Somwanshi vs The Secretary, Shri Shivaji ...
2017 Latest Caselaw 1853 Bom

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

                        WRIT PETITION NO.7160  OF  2016


Prakash s/o Rameshwar Somwanshi
Aged about 53 yrs, Occ. Service, 
R/o Mahesh Nagar, Anjangaon Surji, 
Tah. Anjangaon Surji, 
Dist. Amravati.                                             ... Petitioner. 

-vs- 

1.  The Secretary,
     Shri Shivaji Shikshan Sanstha, 
     Amravati, Dist. Amravati. 
2.  The Principal,
     Shri Shivaji Science & Arts College, 
     Chikhali, Tah. Chikhali, 
     Distt. Buldhana. 
3.  The Deputy Director of Education,
     Amravati Division, Amravati, 
4.  The Scheduled Tribe Caste Certificate
     Scrutiny Committee, Irvin Chowk, 
     Amravati, through its Vice-Chairman/Secretary.         ... Respondents. 


Ms Preeti Rane, Advocate for petitioner. 
Shri P. B. Patil, Advocate for respondent No.1. 
Shri A. M. Balpande, Assistant Government Pleader for respondent Nos.3 and
4. 
                                                  CORAM  : B. R. GAVAI &
                                                             A.S.CHANDURKAR, JJ. 

DATE : April 19, 2017

Oral Judgment : (Per B. R. Gavai, J.)

Rule. Rule made returnable forthwith with consent of learned

counsel for the parties.

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The petitioner apprehends termination of his services on the

ground of non-submission of validity certificate.

2. Undisputedly the claim of the petitioner for considering validity

of his caste of belonging to 'Thakur' Scheduled Tribe is pending with

respondent No.4. The petitioner has been appointed in the year 1989 on the

post of 'Junior College Teacher' reserved for Scheduled Tribe.

3. There are various grounds stated for the Scrutiny Committee for

not issuing validity certificate to the petitioner. Be that as it may. The

caste-claim of the petitioner has not yet reached finality and the same is still

pending.

4. In that view of the matter we direct the respondent No.4 to decide

the caste-claim of the petitioner as expeditiously as possible within period of

six months from today.

5. Till the decision of respondent No.4 on the caste-claim of the

petitioner, the respondent Nos.1 and 2 are directed not to take any adverse

action against the petitioner on the basis of non-submission of validity

certificate. In the event the decision of the Scrutiny committee is adverse,

the same shall not be given effect for a period of two weeks from the date of

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receipt of communication thereof by the petitioner.

Rule is made absolute in aforesaid terms with no order as to costs.

                                          JUDGE                     JUDGE




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