37-WP-722-17 1/2
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.722 OF 2017
Tarachand s/o Bapurao Dhapodkar
Aged about 50 years. Occ. Service,
R/o O, Sai Niwas, Naik Raod, Mahal,
Near Khot Bhawan, Behind Gajanan Mandir,
Nagpur. ... Petitioner
-vs-
1. Vice-Chairman & Joint Commissioner,
Scheduled Tribe Certificate Scrutiny Committee,
Adiwasi Vikas Bhavan, Giripeth, Nagpur.
2. Chief Executive Officer,
Zilla Parishad, Nagpur. ... Respondents.
Shri S. R. Narnaware, Advocate for petitioner.
Shri H. R. Dhumale, Assistant Government Pleader for respondents.
CORAM : B. R. GAVAI &
A.S.CHANDURKAR, J.
DATE : April 19, 2017 Oral Judgment : (Per B. R. Gavai, J.) Rule. Rule made returnable forthwith with consent of learned counsel for the parties.
The petitioner is appointed as 'Junior Assistant' in the establishment of respondent No.2 in the year 1999 on the basis of his claim of belonging to 'Halba' Scheduled Tribe. However, the claim of the petitioner of belonging to 'Halba' Scheduled Tribe has been negatived by the ::: Uploaded on - 21/04/2017 ::: Downloaded on - 22/04/2017 00:49:22 ::: 37-WP-722-17 2/2 Scrutiny Committee on 30/11/2015.
The issue is to whether 'Halba Koshti' Scheduled Tribes are entitled to be treated as Scheduled Tribe was not settled for considerable time. For the first time in the case of State of Maharashtra vs. Milind Katware AIR 2001 SC 393, the Honourable Apex Court held that 'Halba Koshti' are not to be treated as Scheduled Tribe. However for a long period between 1984 to 2000 the position was not settled. The petitioner is undisputedly in employment prior to the date of judgment in Milind Katware (supra). Undisputedly there is no adverse finding of fact in the order of Scrutiny Committee. The claim is invalidated only on the ground that in entires against the parents of the petitioner there is mention of Koshti Tribe.
In that view of the matter, the petition is partly allowed. The respondent is directed to protect the services of the petitioner. However, the petitioner would be treated as candidate from open category. The petitioner shall file an affidavit in this Court that neither he nor his progeny shall claim any of the benefits belonging to Scheduled Tribe.
Rule is made absolute in aforesaid terms. No costs.
JUDGE JUDGE
Asmita
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