High CourtsDivision Bench(2023) 08 BOM CK 0050

Rajendra Pandurangji Wankhade vs Scheduled Tribe Certificate Scrutiny Committee, Yavatmal And Others

Bombay High Court · Decided on 17 August 2023

HON’BLE JUDGES
A.S.Chandurkar, J · Vrushali V. Joshi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 5090 Of 2023

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Judgment

9 paragraphs · 258 words

A.S.Chandurkar , J

1.

Rule. Rule made returnable forthwith and heard the learned Counsel for the parties.

2.

Mr. A. M. Deshpande, learned in-charge Government Pleader waives service of notice for respondent No.1.

3.

Considering the nature of direction proposed to be issued, the service on respondent No.2 is dispensed with.

4.

The petitioner is serving as an Assistant Teacher with the respondent No.2 – School having been appointed on the post reserved for candidates from the Scheduled Tribe Category. His claim for seeking issuance of Validity Certificate is pending with the respondent No.1 – Committee since 11.06.2013. According to the petitioner, the respondent No.2 is insisting upon production of the Validity Certificate and hence the petitioner seeks a direction to be issued to the Scrutiny Committee to decide his claim expeditiously.

5.

The learned in-charge Government Pleader for respondent No.1 on instructions submits that since a re-enquiry has been directed, the Committee would decide the claim within a period of six months.

6.

In view of the aforesaid, the Writ Petition is disposed of by directing the Scrutiny Committee to complete the process of verification within a period of six months from today. The petitioner shall co-operate with the Scrutiny Committee in undertaking such adjudication.

7.

Till the claim of the petitioner is decided by the Scrutiny Committee, his services at the respondent No.2 – School shall not be disturbed only on the ground that he does not possess the Validity Certificate.

8.

Rule is disposed of in the aforesaid terms with no order as to costs.