1 WP96-16.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 96/2016
...
Ghanshyam s/o Gendlal Kisan,
Aged about 36 years,
Occupation: Nil,
R/o Gandhi Nagar, Bramhapuri,
Tahsil Bramhapuri, District-
Chandrapur. ig .. PETITIONER
.. Versus ..
1. Divisional Caste Certificate
Scrutiny Committee, through its
Member Secretary, Giripeth,
Nagpur.
2. Secretary,
Newajabai Hitkarni High School,
Bramhapuri, District Chandrapur.
3. Head Master,
Newajabai Hitkarni High School,
Bramhapuri, District Chandrapur. .. RESPONDENTS
Mr. P.K. Dhomne, Advocate for Petitioner.
Mr. Neeraj Patil, AGP for Respondent No.1.
Mr. M.P. Khajanchi, Advocate for Respondent Nos. 2 and 3.
...
CORAM : B.R. Gavai & P.N. Deshmukh, JJ.
DATED : February 29, 2016.
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1. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel appearing for the parties.
2. The petitioner was appointed as Shikshan Sevak on 25.06.2001 against the post reserved for Nomadic Tribe since he claimed to be belonging to Rajput Bhamta. After serving for three years, the petitioner came to be confirmed as an Assistant Teacher.
3. Since the petitioner was appointed against the post reserved for Nomadic Tribe, his claim was referred to respondent No.1- Committee for scrutiny. The claim was found to be invalid.
The petitioner has, therefore, approached this Court for protection of his service in view of the judgment of the Larger Bench of this Court in the case of Arun Sonone .vs. State of Maharashtra reported in 2015 (1) Mh.L.J.457.
4. Admittedly there is no finding of fraud in the order of the Scrutiny Committee. The petitioner is appointed in the year 2001 and as such has served for a period of almost 16 years. The Larger Bench of this Court in the case of Arun Sonone (supra) has taken a view that if a candidate is served for a long period and if there is no finding of fraud against him, his services are entitled to be protected.
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5. In that view of the matter, Rule is made absolute in terms of prayer clause (i). No costs.
(P.N. Deshmukh, J. ) (B.R. Gavai, J.)
...
halwai/p.s.
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