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18.4WP.3215.00.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3215 OF 2000.
Udhao Uttamrao Kalamkhede,
aged 40 years, Occupation Service,
Conductor at MSRTC, Amravati
Division, resident of Majalpur, post
Mhaispur, tahsil Bhatkuli, district
Amravati. ...... PETITIONER.
....Versus....
1] The State of Maharashtra,
through its Secretary, Department
of Tribal Development, Mantralaya,
Bombay - 32,
2] The Chairman, Committee for
Scrutiny of Tribes and
Verification of Tribes Claims,
Giripeth, Amravati Road,
Nagpur,
3] Divisional Controller,
Maharashtra State Road
Transport Corporation,
Division Kolhapur, dist.
Kolhapur.
4] Deputy Manager,
Maharashtra State Road
Transport Corporation,
Radhanagari, dist.
Kolhapur.
5] The Executive Magistrate,
Amravati. ..... RESPONDENTS.
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18.4WP.3215.00.odt
Mr. S.G. Joshi, Advocate for the petitioner,
Mr. Nitin Rode, Assistant Government Pleader for the respondent
nos. 1, 2 & 5,
Mr. V.G. Wankhede, Advocate for respondent nos 3 & 4.
CORAM : B.R. GAVAI & A.S. CHANDURKAR, JJ.
DATED : APRIL 18, 2017.
1] Civil Application (C.A.W.) No. 728 of 2017 has been filed by the petitioner seeking disposal of the Writ Petition on the ground that the petitioner does not desire to prosecute his caste claim and would be satisfied if his services are protected. Hence, the Writ Petition is taken up for final disposal.
2] The petitioner claims to belong to Mahadeo Koli - Scheduled Tribe. He was appointed as a Conductor with the respondent no.2 in the year 1997. His caste certificate was sent for verification and by the order dated 6.5.2000, the Scrutiny Committee invalidated the caste claim of the petitioner. Being aggrieved, the present Writ Petition has been filed.
3] Mr. S.G. Joshi, learned Counsel for the petitioner, submits on instructions that the petitioner does not desire to prosecute his caste claim. He states, however, that the impugned order came to be ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:42:33 ::: 3 18.4WP.3215.00.odt passed by the Scrutiny Committee without grant of proper opportunity. Similarly, a copy of the report of the vigilance cell was also not served on the petitioner. He submits that in the order passed by the Scrutiny Committee there is no observation made that the documents relied upon by the petitioner were obtained by fraud or misrepresentation. The petitioner, therefore, submits that as per the judgment of the Full Bench in Arun s/o Vishwanath Sonone .vs. State of Maharashtra and others reported in 2015(I) Mh. L.J. 457 dated 22.12.2014, his services deserve to be protected. 4] Mr. V.G. Wankhede, learned Counsel for respondent nos 3 & 4, on the other hand, submitted that despite sufficient opportunity, the petitioner remained absent and did not appear before the Scrutiny Committee. According to him, the report of the Vigilance Cell indicates that the entry Koli is found in the old documents. 5] It is to be noted that in paragraph no. 3 of the Writ Petition it has been averred that the petitioner had requested the Scrutiny Committee for grant of time to prove his claim but no sufficient opportunity was granted. It is also pleaded that the copy of the report of the vigilance cell was not served on the petitioner. There is ::: Uploaded on - 20/04/2017 ::: Downloaded on - 21/04/2017 00:42:33 ::: 4 18.4WP.3215.00.odt no affidavit filed on record controverting this assertion. The perusal of the order passed by the Scrutiny Committee does not indicate that the documents submitted by the petitioner were stated to be obtained by fraud or misrepresentation. Considering the fact that the petitioner is in service since the year 1997, we are inclined to protect the services of the petitioner by relying upon the judgment of the Full Bench.
6] Hence, it is declared that the services of the petitioner shall stand protected. The petitioner shall file an affidavit in this Court within a period of four weeks from today that neither he nor his progeny shall claim any benefit of belonging to Koli Mahadeo - Scheduled Tribe. The petitioner shall be treated as being appointed in the open category. In case the petitioner obtains validity as Koli Special Backward Class, his appointment shall be treated in the said category.
The petition is allowed in aforesaid terms. Rule is made absolute accordingly. There will be no order as to costs.
The Civil Application (CAW) No. 728/17 stands disposed of accordingly.
J. JUDGE. J
UDGE.
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