Riyaz Rashid Shah vs The District Caste Scrutiny ...
2018 Latest Caselaw 62 Bom

 0401WP5279.17-Judgment                                                                         1/3


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

                      WRIT PETITION NO.  5279  OF    2017


 PETITIONER :-                        Riyaz Rashid Shah, Age about 27 years, Ocu:
                                      Service, R/o Talegaon, [Shyamji Panth.], Tq.
                                      Ashti, Dist. Wardha.                    

                                         ...VERSUS... 

 RESPONDENTS :-                  1. The   District   Caste   Scrutiny   Committee
                                    Wardha,  Dr.  Babasaheb  Ambedkar Samajik
                                    Bhavan,   Near   Mahila   Ashram,   Laxminagar,
                                    Sevagram   Road   Railway   Station   Road,
                                    Wardha.               

                                 2. Zilla   Parishad   Nagpur,   Through   its   Chief
                                    Executive   Officer,   General   Administrative
                                    Department, Zilla Parishad, Nagpur. 


 ---------------------------------------------------------------------------------------------------
                  Mr. V. R. Choudhari, counsel for the petitioner. 
        Ms Shamsi Haider, Asstt.Govt.Pleader for the respondent No.1.
             Mrs.Indira Boadade, counsel for the respondent No.2. 
 ---------------------------------------------------------------------------------------------------


                                        CORAM : SMT. VASANTI    A    NAIK & 
                                                    ARUN  D. UPADHYE
                                                                     ,   JJ.

DATED : 04.01.2018

O R A L J U D G M E N T (Per Smt.Vasanti A Naik, J.)

Rule. Rule made returnable forthwith. The writ petition is

heard finally with the consent of the learned counsel for the parties.

0401WP5279.17-Judgment 2/3

The only prayer made by the petitioner in the instant

petition is for a direction against the respondent-Scrutiny Committee to

decide the claim of the petitioner within a time frame and with a

direction against the respondent No.2-Zilla Parishad Nagpur to protect

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

It is stated on behalf of the petitioner that though the caste

claim of the petitioner is pending with the Caste Scrutiny Committee for

more than 3 years, the Scrutiny Committee has not decided the same.

It is submitted that the Zilla Parishad, Nagpur has threatened to

terminate the services of the petitioner if the petitioner fails to produce

the caste validity certificate. It is stated that in the aforesaid set of facts

the directions as sought, may be granted.

It appears on a reading of the show cause notice served by

the Scrutiny Committee on the petitioner dated 07/12/2017 that the

Scrutiny Committee had called the petitioner for hearing on

21/12/2017. It is stated that the petitioner had requested for time and

the matter is now fixed on 06/01/2018.

Since the caste claim of the petitioner is still pending

before the Scrutiny Committee and the petitioner is not at fault, it

0401WP5279.17-Judgment 3/3

would be necessary to protect the services of the petitioner till the caste

claim of the petitioner is decided.

Hence, the writ petition is partly allowed. The Scrutiny

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

six months. The respondent No.2 is directed to protect the services of

the petitioner till the caste claim of the petitioner is decided.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                        JUDGE                                             JUDGE 



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