Sainath Gangadhar Birmod vs Scheduled Tribe Certificate ...
2021 Latest Caselaw 9360 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 7744 OF 2021

 Sainath Gangadhar Birmod                                        .. Petitioner

          Versus

 Scheduled Tribe Certificate
 Scrutiny Committee, Aurangabad
 Through its Member Secretary and others                         .. Respondents

 Mr. Sagar S. Phatale, Advocate for the Petitioner.
 Mr. P. K. Lakhotiya, AGP for Respondent No. 1.

                               CORAM :    S. V. GANGAPURWALA &
                                          R. N. LADDHA, JJ.

DATED : 16th JULY, 2021.

PER COURT:-

. The validation proceeding in respect of the tribe claim of the

petitioner is pending.

2. According to the learned A.G.P. for respondent No. 1, it is

pending at the stage of vigilance.

3. The petitioner shall appear before the committee on 26.07.2021.

The committee shall decide the validation proceeding within a period

of four (04) months from the date of appearance of the petitioner.

4. If the committee does not decide the validation proceeding

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within a period of four (04) months, we would take serious view of the

matter and may issue notice of contempt against the Member Secretary.

We are constrained to observe this because on 17.07.2019 in an earlier

Writ Petition filed by the petitioner bearing Writ Petition No. 8686 of

2019, we had directed the committee to decide the proceeding, but the

same is not yet done. Even prior thereto in Writ Petition No. 9245 of

2018 filed by the petitioner, this Court on 09.08.2018 had directed the

committee to decide the proceeding within a period of seven (07)

months. In spite of repeated directions, the proceeding is not decided.

5. In case, the petitioner is otherwise eligible, the respondents may

not refrain the petitioner from taking admission in the 4 th year Bachelor

of Tech. (Chemical) Engineering only on the ground that validation

proceeding is pending.

6. The respondents may take further course of action depending

upon the judgment that may be delivered by the committee in the

validation proceeding.

7. Writ petition is disposed of. No costs.

 ( R. N. LADDHA )                               ( S. V. GANGAPURWALA )
      JUDGE                                               JUDGE

 P.S.B.




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