Writ Petition No. 4603 of 2011 · Bombay High Court

Heard Shri Nikhil Tekade, Advocate holding for Shri Mardikar, learned counsel for the petitioner, Shri Jichkar, learned AGP for respondents No. 1 & 2 and Shri Surjuse, learned counsel holding for Shri Patil, learned counsel for respondent No. 3. Perused the reply filed by Respondents No. 1 & 2. It is apparent that the petitioner has been appointed on a post reserved for Scheduled Tribe category, which also carried horizontal reservation as project affected person. Without prejudice to his other contentions, the learned counsel for the petitioner has stated that his caste claim is already forwarded to Respondent No. 3 – Committee and it is under consideration. Shri Surjuse, learned counsel states that he is still to receive instructions about such pending caste claim. In this situation, it is apparent that till caste claim of the petitioner is invalidated, the petitioner 32wp4603.11 cannot be terminated. Hence, with directions to Respondent No. 3 to consider the caste claim of the petitioner as expeditiously as possible and in any case within a period of six months from the date of the petitioner appearing before it, as per Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance & Verification of) Caste Certificates Act, (Act No. 23 of 2001), we dispose of the present petition. If the papers of the petitioner for verification are not forwarded by Respondents No. 1 & 2, Respondents No. 1 & 2 shall forward the same to Respondent No. 3 within a period of four weeks from today. The petitioner shall appear before Respondent No. 3 on 12th March 2012 and abide by its further instructions in the matter. With these directions and observations, we dispose of the petition. However, there shall be no order as to costs. JUDGE *GS. JUDGE