Writ petition seeking caste validation and protection against adverse action. The Court directed the Scrutiny Committee to decide the claim within six months by January 2022 and continued interim protection.
Direction to complete caste validation process by January 2022; continuation of ad-interim protection.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.4970 OF 2018
SADHANA SAMADHAN GAWALI VERSUS THE STATE OF MAHARASHTRA AND OTHERS
Mr.P.V.Jadhavar, Advocate for the petitioner. Mr.P.S.Patil, AGP for respondent Nos. 1 to 4.
( CORAM : DIPANKAR DATTA, CJ AND RAVINDRA V. GHUGE, J.)
DATE : JUNE 16, 2021
PER COURT :
"B. By way of an appropriate writ, order or direction in the like nature thereby directing that, the respondent No.2 Scrutiny Committee may kindly be to decide the tribe claim of the petitioner as early as possible or issue the validity certificate in favour of petitioner as belongs to Koli Mahadev Scheduled Tribe. C. By issuing appropriate writ, order or direction in like nature, may kindly issue direction against the respondents/employer not to take any adverse action against the petitioner only on the ground that, non submission of validity certificate and release the salary since from June, 2017.
khs/Jun.2021/4970
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D. Pending hearing and final disposal of this writ petition, may kindly issue direction against the respondents/employer not to take any adverse action against the petitioner only on the ground that, non submission of validity certificate and release the salary since from June, 2017."
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cooperation of the petitioner, the competent caste committee would be in a position to complete the entire process of considering the caste claim of the petitioner within a period of 6 months.
and all contentions are kept open.
( RAVINDRA V. GHUGE, J. )
( CHIEF JUSTICE )
khs/Jun.2021/4970
2 issues framed by the court
Whether to direct the Scrutiny Committee to expedite the validation of the petitioner's Scheduled Tribe claim.
Whether the ad-interim protection granted against adverse action should be continued.
Sadhana Samadhan Gawali
The State Of Maharashtra
DIPANKAR DATTA
RAVINDRA V. GHUGE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
