Gopalsingh S/O. Jogeshwarsingh ... vs The Divisional Caste/Tribe ...
2021 Latest Caselaw 7991 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH : NAGPUR

                        WRIT PETITION NO.2013 OF 2021
(Gopalsingh s/o Jogeshwarsingh Gautam vs. The Divisional Caste/Tribe Certificate
Scrutiny Committee and another)
________________________________________________________________________
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's orders
or directions and Registrar's orders.
                               Shri N.B. Kalwaghe, Advocate for petitioner.
                               Ms. N.P. Mehta, Assistant Government Pleader for
                               respondent no.1.
                                                --------

                                                    CORAM : SUNIL B. SHUKRE AND
                                                            ANIL S. KILOR, JJ.

DATED : JUNE 17, 2021

Hearing was conducted through Video Conferencing and the learned Counsel for the parties agreed that the audio and visual quality was proper.

2) Issue notice for final disposal at the admission stage to the respondents.

3) Ms. Mehta, learned Assistant Government Pleader waives notice for the respondent no.1.

4) Shri Kalwaghe, learned Counsel for the petitioner, seeks interim relief in the nature of stay to the impugned order dated 28/12/2020 of placement of petitioner on a supernumerary post.

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                                       5)    We find that the petitioner does not deserve

any such interim relief, although the fact remains that the proposal sent to the Caste Scrutiny Committee for validation or otherwise of the caste claim of the petitioner appears to be pending with it

- the reason being that the writ jurisdiction necessarily involves principle of equity for its appropriate exercise. The principle of equity would demand that the petitioner also to keep his own house clean while pointing out accusatory finger towards others. Here the petitioner blames the respondents that they cannot place him on the supernumerary post when his caste claim has not been specifically rejected, rather it is kept pending by the Caste Scrutiny Committee. The petitioner in spite of having been armed with the judgment and order dated 25/2/2020 passed in another petition filed by him (Writ Petition No.3238/2017) directing the respondent Zilla Parishad to send the caste proposal of the petitioner for its scrutiny to the Caste Scrutiny Committee with a further direction to the Caste Scrutiny Committee to decide the same within six months from the receipt of the proposal, has not initiated any proceedings against the Caste Scrutiny Committee for not complying with the directions issued by another Division Bench of this Court on 25/2/2020 in Writ Petition No.3238/2017. It appears to us that the petitioner has no interest in

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getting his caste claim decided in accordance with law before his retirement. The petitioner is going to retire on attaining the age of superannuation on 21/7/2021 and this being so, the petitioner ought to have knocked at the door of this Court for seeking appropriate relief against the Caste Scrutiny Committee and also against Chief Executive Officer, Zilla Parishad, Akola, if need be. The petitioner has not done so and now the petitioner is only seeking interim stay to the effect and operation of his placement on a supernumerary post. We do not think that the petitioner would deserve any interim relief as prayed for by him in this case. Therefore, the prayer for grant of interim relief is rejected.

6) Although Caste Scrutiny Committee has not decided the caste proposal of the petitioner at least as it appears from what has been submitted before this Court by the learned Counsel for the petitioner on instructions, it would be necessary to issue a direction to the Caste Scrutiny Committee, Amravati to decide the same within fifteen days from the date of receipt of this order in spite of the fact that no relief has been claimed by the petitioner against the respondent no.1 Caste Scrutiny Committee for the reasons best known to him.

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                                       7)    Learned Assistant Government Pleader to

send copy of this order to the respondent no.1 Caste Scrutiny Committee with a further request to decide the caste claim of the petitioner within fifteen days from the date of receipt of this order.

                                       8)    Stand over to 15/7/2021.




                                              JUDGE                                     JUDGE




                                   khj