1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.2003/2011 [Sou. Rajeshree S. Headau .vrs. State of Maharashtra and others] ................................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... CORAM : B.P. DHARMADHIKARI AND P.D. KODE, JJ. DATE : JULY 21, 2011. Heard Shri V.M. Deshpande, learned counsel for the petitioner, Mrs. K.S. Joshi, learned AGP for respondent nos.1, 3 and 4 and Shri S.M. Puranik, learned counsel for respondent no.2 - Committee. Though respective counsel have advanced their arguments on various facets, we find that respondent no.2 Committee has on 14.1.2010 refused to adjudicate caste claim of the petitioner and it has been dismissed for want of prosecution. Shri Puranik and learned AGP has attempted to contend that though order ‘employees’ those word it has to be read as ‘rejection’ of caste claim because of failure of the petitioner to 2 substantiate it. The perusal of order reveals that the petitioner was in different and his employer was making vague correspondence. That does not mean that Committee could not have applied its mind to the material available on the record and could not have, therefore, passed appropriate order on merits. In this situation, impugned order dated 14.1.2010 is hereby quashed and set aside. The proceedings are restored back to the file of respondent no.2 for taking fresh decision in accordance with the law. The committee shall extend the petitioner necessary opportunity in accordance with the provisions of the Maharashtra Act No. XXIII of 2001. The petitioner shall appear before the Committee on 24.8.2011 and shall abide by its further instructions in the matter. The Committee shall attempt to adjudicate the matter on merits within a period of six months, after the parties appear. Till then, the respondent-employer shall not take any coercive steps in the matter against the petitioner. JUDGE JUDGE Gulande