Partly allowed

Ku. Monali D/O. Rajesh Gadpade v. Scheduled Tribe Certificate Scrutiny Comm., Gadchiroli, Nagpur, through Its Chairman and Others

Bombay HC5 Jul 2016WP/6374/2015

Case brief

AI extract

What is this about?

The petitioner sought expeditious consideration of her caste claim and protection of her education. The court directed the petitioner to obtain a certificate in the prescribed form and directed the Scrutiny Committee to complete verification within eight months.

What did the court decide?

Petitioner directed to obtain prescribed caste certificate within eight weeks; Scrutiny Committee directed to verify within eight months.

Ku. Monali D/O. Rajesh Gadpade Vs Scheduled… — Pension and Retirement Benefits | Bombay HC (2016)

Order

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

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WRIT PETITION No. 6374/2015.

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Ku. Monali Rajesh Gadpade

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VERSUS-

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Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli and others.

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Office notes, Office Memoranda of

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Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

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CORAM : B.P. DHARMADHIKARI & KUM. INDIRA JAIN, JJ.

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DATE : JULY 05, 2016.

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Heard Shri P.R. Dhok, learned Counsel for

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the petitioner, Shri N.S. Khubalkar, learned Counsel for respondent nos. 1, 2 and 5 and Shri R. Khade, learned Counsel for respondent no.4.

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Petitioner claims expeditious consideration

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of her caste claim and protection of her education till then. This Court has on 27.11.2015 issued notice for

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final disposal and protected her education. That interim order continues to operate even today.

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Learned A.G.P. has pointed out that a communication dated 26.11.2015 is received by the office of the Government Pleader. He submits that the

Order

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Scrutiny Committee has pointed out that as caste certificate submitted by the petitioner for verification is not in prescribed form, petitioner has to apply for it and obtain necessary certificate and submit it for verification. He makes a statement that thus Scrutiny Committee has not found it possible to proceed to verify the certificate submitted by the petitioner.

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In view of this position, we take communication dated 26.11.2015 signed by the Assistant Commissioner and Vice Chairman of the Committee on 27.11.2015 on record and mark the same as “ Exh.X”. Copy of the said communication be also delivered to learned counsel for the petitioner.

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Petitioner shall apply for and obtain caste certificate in prescribed form within a period of eight weeks from today and submit the same through her educational institution for verification within next two weeks.

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Interim orders passed by this Court shall continue to operate initially for a period of 10 weeks and thereafter, if such certificate is submitted by the petitioner for verification, during the pendency of the proceedings before the Committee. After receipt of the

Order

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caste certificate in the prescribed proforma, the Scrutiny Committee to complete verification at the earliest and in any case within a period of next eight months.

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Writ Petition is, thus partly allowed and disposed of with above directions. No costs.

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JUDGE JUDGE

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Rgd.

Ku. Monali D/O. Rajesh Gadpade v. Scheduled Tribe Certificate Scrutiny Comm., Gadchiroli, Nagpur, through Its Chairman and Others

Case brief

What is this about?

What did the court decide?

Ku. Monali D/O. Rajesh Gadpade v. Scheduled Tribe Certificate Scrutiny Comm., Gadchiroli, Nagpur, through Its Chairman and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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