Vaishali d/o Vinayakrao Bharde v. State of Maharashtra
2008-03-07
P.V.HARDAS, S.P.KUKDAY
body2008
DigiLaw.ai
JUDGMENT: PER P.V. HARDAS, J. 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, this Petition is heard finally at the stage of admission. 2. This Petition under Article 226 of the Constitution of India prays for issuance of writ of certiorari for quashing and setting aside the show cause notice dated 12/10/2006 issued by Respondent No.3 intimating the Petitioner that the services of the Petitioner were likely to be terminated as the Petitioner has not produced validity certificate in respect of caste status of the Petitioner. By a further writ of mandamus the Petitioner prays that the Respondent No.2 be directed to decide the caste claim of the Petitioner within stipulated period. 3. Such of the facts which are necessary to decide this Petition, can be briefly stated thus:- . The Petitioner claims to be belonging to "Sonar" caste. The Petitioner has qualification of M.A. (Political Science) and has also passed State Eligibility Test and after following due procedure, the Petitioner came to be appointed as a Full Time Lecturer in Political Science in the Respondent No.4 College which is run by the Respondent No.3 against the post which is reserved for Other Backward Class category. The Caste Claim of the Petitioner came to be referred to the Respondent No.2 on 25/11/2005 and despite that her claim is pending adjudication before the Respondent No.2 Scrutiny Committee. Meanwhile the Petitioner was served with the show cause notice asking the Petitioner to show cause as to why her services should not be terminated on account of failure of the Petitioner to produce the Caste Validity Certificate. 4. Since the Petitioner cannot be faulted for the act of Respondent No.2 Scrutiny Committee not having arrived at a decision in respect of the Caste Status of the Petitioner, we are inclined to quash the impugned show cause notice issued to the Petitioner. Caste Claim of the Petitioner has not been decided though it was submitted before the Respondent No.2 Scrutiny Committee in November, 2005. Learned counsel appearing on behalf of the Respondent No.2 Scrutiny Committee states that the Caste Claim of the Petitioner would be decided within six months. We therefore, direct the Petitioner to appear before the Respondent No.2 Scrutiny Committee on 7th April, 2008.
Learned counsel appearing on behalf of the Respondent No.2 Scrutiny Committee states that the Caste Claim of the Petitioner would be decided within six months. We therefore, direct the Petitioner to appear before the Respondent No.2 Scrutiny Committee on 7th April, 2008. We further direct the Respondent No.2 Scrutiny Committee to decide the Caste Claim of the Petitioner within six months from 7th April, 2008. We, therefore, quash and set aside the impugned show cause notice dated 12/10/2006 issued to the Petitioner. Though we have quashed and set aside the impugned show cause notice dated 12/10/2006, the Respondents No.3 and 4 may take appropriate decision in accordance with law after the decision of the Respondent No.2 Scrutiny Committee in respect of the caste status of the Petitioner. 5. Petition is allowed accordingly. Rule is thus made absolute on the terms indicated above, with no order as to the costs.