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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7144 OF 2016.
Subhash Ramdas Hade,
aged 49 years, Occu. Service,
Resident of Post Sawana, Tal.
Chikhli, District Buldhana. ...... PETITIONER.
....Versus....
1] The State of Maharashtra,
through its Secretary, Department
of Social Justice & Empowerment,
Mantralaya, Mumbai.
2] The Chief Executive Officer,
Zilla Parishad, Buldhana,
3] The Chairman,
Divisional Caste Certificate
Scrutiny Committee No. 2,
Amravati Division, Akola. ..... RESPONDENTS.
Mr. P.S. Khubalkar, Advocate for the petitioner,
Mr. C.A. Lokhande, Assistant Government Pleader for the respondent
nos. 1 & 3.
Mr. Tariq Mohammad Zaheer, Advocate for respondent no. 2.
CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.
DATED : APRIL 11, 2017.
ORAL JUDGMENT (PER A.S. CHANDURKAR, J.)
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1] Rule. Rule made returnable forthwith. Heard finally with
the consent of the learned Counsel for the parties. 2] The petitioner has approached this Court seeking protection of his services in view of the judgment of the larger Bench of this Court in Arun s/o Vishwanath Sonone .vs. State of Maharashtra and others reported in 2015(I) Mh. L.J. 457 dated 22.12.2014. It is the case of the petitioner that he belongs to Rajput Bhamta - Vimukta Jati. On 9.3.1996 the petitioner was appointed on the post of Assistant Teacher. As the petitioner was appointed on the post reserved for Vimukta Jati, his caste certificate was forwarded to the Scrutiny Committee for due verification. By the order dated 7.11.2016 his caste claim has been invalidated. 3] Mr. P.S. Khubalkar, learned Counsel for the petitioner, submits on instructions that the petitioner is not desirous of challenging the order passed by the Scrutiny Committee on merits. He states that the petitioner would be satisfied if his services are protected considering the fact that he was appointed in the year 1996. He states that in the impugned order there is no finding recorded that the documents relied upon by him were obtained by fraud or were ::: Uploaded on - 15/04/2017 ::: Downloaded on - 16/04/2017 00:47:24 ::: 3 WP.7144.16.odt tampered with.
4] Mr. C.A. Lokhande, learned Assistant Government Pleader for the respondent nos. 1 & 3 and Mr. T.M. Zaheer, learned Counsel for the respondent no. 2, oppose the prayer made in the Writ Petition. The learned Counsel for the Zilla Parishad submits that as the petitioner was appointed on a post reserved for Vimukta Jati, he would not be entitled for protection on account of invalidation of his caste claim.
5] Perusal of the order passed by the Scrutiny Committee reveals that there is no finding recorded that the documents on which he sought to justify his caste claim are either vitiated by fraud or have been tampered with. Considering the fact that the petitioner has been appointed by order dated 9.3.1996, in view of the law laid down by the larger Bench in Arun s/o Vishwanath Sonone (cited supra), we find that the petitioner would be entitled for protection of his services.
6] In view of the aforesaid, it is declared that the petitioner is entitled for protection of his services as Assistant Teacher subject to ::: Uploaded on - 15/04/2017 ::: Downloaded on - 16/04/2017 00:47:24 ::: 4 WP.7144.16.odt filing an undertaking within a period of four weeks from today that neither he nor his progeny would seek benefit of belonging to Rajput Bhamta - Vimukta Jati. Rule is made absolute in the aforesaid terms. There will be no order as to costs.
JUDGE. J
UDGE.
J.
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