Shakuntala D/O. Bhagirath ... vs State Of Maharashtra, Thr. ...
2021 Latest Caselaw 5964 Bom

                                                                     12judwp 1255.2021.odt
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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                         WRIT PETITION (WP) NO. 1255/2021

 1.        Ms. Shakuntala D/o Bhagirath Nandanwar
           after marriage
           Mrs. Shakuntala W/o Suresh Sirsikar,
           age-56 years, occupation - Assistant Teacher,
           Reside of A/43, Suvarna Jyoti Apartment,
           Op. Ganesh Mandir, Rambag Lane No. 4,
           Kalyan (West) Dist. Thane - 421301.           ..... PETITIONER

                                    // VERSUS //

 1.       State of Maharashtra,
          through it's Secretary,
          Tribal Development Department,
          Mantralay, Madam Kama Road,
          Mumbai - 400032.

 2.       Scheduled Tribes Caste Certificate
          Scrutiny Committee, Nagpur,
          through its Member Secretary,
          Adiwasi Vikas Bhawan, Giripeth,
          Amravati Road, Nagpur - 440001.

 3.       Rail Child Sanstha, Kalyan
          through it's Secretary/Karyawaha
          O/o Kalyan Sansthabhawan,
          Subhash Road, Near Post Office,
          Kalyan (West) Dist. Thane - 421301.

 4.       Rail Child Primary School, Dombivli
          through its Head Mistress,
          O/o Mahatma Gandhi Vidya Mandir,
          Vishnunagar, Near Syndicate Bank,
          Dombivli (W). Dist. Thane 421202.                   .... RESPONDENT(S)

 ---------------------------------------------------------------------------------------
 Shri S.D. Borkute, Advocate for the petitioner
 Shri Amit Madiwale, AGP for respondent nos. 1 and 2/ State
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                                                                    12judwp 1255.2021.odt
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                               CORAM :        SUNIL B. SHUKRE AND
                                              AVINASH G. GHAROTE, JJ.

DATED : 01/04/2021

ORAL JUDGMENT : (PER:- SUNIL B. SHUKRE, J.)

Hearing was conducted through Video Conferencing and all

the learned Advocates agreed that the audio and visual quality was

proper.

2] Shri Borkute, learned Counsel for the petitioner does not

press the prayer Clause (ii) and, therefore, the petition as regards prayer

Clause (ii) is disposed of as not pressed.

3] With the disposal of the petition in terms of prayer Clause

(ii), there would be no need to issue any notice to respondent nos. 3 and

4. Issue notice to respondent nos. 1 and 2.

4] Shri Amit Madiwale, learned AGP waives service of notice

for respondent nos. 1 and 2.

5] By consent of learned Counsel appearing for the parties, the

petition is taken up for final hearing forthwith.

6] Rule. Rule made returnable forthwith.

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12judwp 1255.2021.odt

7] Since, the Caste/Tribe claim of the petitioner is pending

with respondent no. 2 for verification since the year 2017, this petition

can be disposed of by issuing appropriate directions to respondent no. 2.

The petition is, therefore, partly allowed and respondent no. 2 is

directed to decide the Caste/Tribe claim of the petitioner according to

law within a period of three weeks from the date of receipt of the order

subject to condition that the petitioner co-operate with respondent no. 2

in speedy disposal of her Caste/Tribe claim. If, the petitioner does not

co-operate in the matter, the petitioner would loose her right to get her

Caste/Tribe claim verified expeditiously.

 8]                Rule accordingly, No costs.




                           JUDGE                           JUDGE




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