LAWS(BOM)-2010-7-28

TARACHAND FAKIRCHAND NINAVE Vs. JOINT COMMISSIONER AND VICE CHAIRMAN SCHEDULED TRIBE CASTE SCRUTINY COMMITTEE NAGPUR

Decided On July 23, 2010
TARACHAND S/O FAKIRACHAND NINAVE Appellant
V/S
JOINT COMMISSIONER AND VICE CHAIRMAN, SCHEDULED TRIBE CASTE SCRUTINY COMMITTEE, NAGPUR Respondents

JUDGEMENT

(1.) Rule returnable forthwith. Heard learned counsel for the parties by consent.

(2.) The petitioners in these writ petitions are challenging the orders dated 28-5-2009 in W.P. No. 2876/2009, dated 26-9-2008 in W.P. No. 3373/2009 and dated 24-3-2008 in W.P. No. 3657/2008, issued by respondent - Scheduled Tribe Certificate Scrutiny Committee, Nagpur Division, Nagpur, on the ground that one of the members of the Committee, namely Shri K. M. Pathak was not qualified to be on the Committee since he does not possess the required qualification.

(3.) In Writ Petition No. 3118 of 2009 [2010(5) Mh.LJ. 281 [ the order of the Scrutiny Committee was challenged on the same ground and this Court vide order dated 8-7-2010, on the basis of the statement made by learned Additional Government Pleader, set aside the order passed by the Scrutiny Committee and remanded the matter for fresh decision in accordance with law. The relevant paragraph of the order dated 8-7-2010, passed in Writ Petition No. 3118/2009, reads thus :