1 J-WP-5483-15.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5483 OF 2015
Vanita Mahadeorao Nimje,
Aged about : 47 years,
Occ. Service, R/o Samta Nagar,
Phase-2, Mendha Road,
Bhandara. ..... PETITIONER
...V E R S U S...
1. Joint Commissioner &
Vice-Chairman,
Scheduled Tribe Caste
Certificate Scrutiny Committee,
Adiwasi Vikas Bhavan,
Giripeth, Nagpur.
2. Deputy Director,
Health Services,
Nagpur Division,
Nagpur.
3. District Civil Surgeon,
General Hospital,
Bhandara. ... RESPONDENTS
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None for the petitioner.
Smt. H. N. Prabhu, AGP for the respondent Nos.1 to 3.
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CORAM:-
SMT. VASANTI A NAIK &
ARUN D. UPADHYE, JJ.
DATED :-
23/06/2017.
ORAL JUDGMENT : (Per Smt. Vasanti A Naik, J.) By this petition, the petitioner seeks the protection of her services in view of the law laid down by the Full Bench of this Court ::: Uploaded on - 29/06/2017 ::: Downloaded on - 30/06/2017 00:13:38 ::: 2 J-WP-5483-15.odt in the Judgment, reported in 2015 (1) Mh. L. J. 457.
The petitioner was appointed as a Nurse on the post reserved for the Scheduled Tribes on 30/03/2000 in the services of the respondents. Since the petitioner had claimed to belong to Halba Scheduled Tribe, the caste claim of the petitioner was referred to the Scrutiny Committee for verification. The Scrutiny Committee has invalidated the caste claim of the petitioner by the order dated 24/08/2015. The petitioner has sought the protection of her services in view of the Judgment of the Full Bench.
It is the case of the petitioner that since the petitioner was appointed before the cut off date, on 30/03/2000 and since there is no observation in the order of the Scrutiny Committee that the petitioner has fraudulently secured the benefits meant for the Halba Scheduled Tribe, it would be necessary to protect the services of the petitioner on the post of Nurse. It is stated that since both the conditions that are required to be satisfied while seeking the protection of services in view of the Judgment of the Full Bench, reported in 2015 (1) Mh.L.J. 457, stand satisfied in the case of the petitioner, the services of the petitioner need to be protected. It is submitted that since in one of the documents pertaining to the relative of the petitioner, the caste was recorded as Koshti and not Halbas, the petitioner had ::: Uploaded on - 29/06/2017 ::: Downloaded on - 30/06/2017 00:13:38 ::: 3 J-WP-5483-15.odt admitted before the Scrutiny Committee that she belongs to Koshti caste and not Halba Scheduled Tribe. It is stated that there is no adverse observation against the petitioner in the order of the Scrutiny Committee except that the petitioner could not prove her caste claim.
On a perusal of the documents annexed to the writ petition, specially the appointment order of the petitioner and the order of the Scrutiny Committee, it appears that the services of the petitioner need to be protected, on the post of Nurse. The petitioner appears to have been appointed before the cut off date, on 30/03/2000. Before the Scrutiny Committee, the petitioner made a statement that she belongs to Koshti caste and not Halba Scheduled Tribe. It appears that the petitioner stated so, as in certain documents pertaining to the relatives of the petitioner, 'Koshti' was recorded in the caste column. There is no observation in the order of the Scrutiny Committee that the petitioner had fabricated, manipulated or interpolated the documents. In the absence of any such finding against the petitioner in the order of the Scrutiny Committee, the services of the petitioner need to be protected as she was appointed before the cut off date and she has worked with the respondent for more than 17 years.
Hence, for the reasons aforesaid and for the reasons recorded in the Judgment of the Full Bench, reported in 2015 (1) ::: Uploaded on - 29/06/2017 ::: Downloaded on - 30/06/2017 00:13:38 ::: 4 J-WP-5483-15.odt Mh.L.J. 457, the writ petition is allowed. The respondent nos.1 to 3 are directed to protect the services of the petitioner on the post of Nurse only on the condition that the petitioner furnishes an undertaking in this Court and before the respondent Nos.2 and 3, within four weeks that the petitioner would not seek the benefits meant for the Halba Scheduled Tribe, in future.
Rule is made absolute in the aforesaid terms with no order as to costs.
JUDGE JUDGE
Choulwar
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