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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH
WRIT PETITION NO. 2344 OF 2000
Vijay s/o Rambhau Shrote,
aged about 45 years,
occupation - Service, r/o
Quarter No. B-10/1, Doctors'
Colony, Ajni, Nagpur. ... PETITIONER
Versus
1. The State of Maharashtra,
through the Secretary,
Health Education & Drugs
Department, Mantralaya,
Mumbai 400 032.
2. The Scheduled Tribe Caste
Certificate Scrutiny Committee,
Nagpur. ... RESPONDENTS
Ms. T. Khan, AGP for the respondents.
.....
CORAM : B.P. DHARMADHIKARI &
MRS. SWAPNA JOSHI, JJ.
MARCH 10, 2017.
ORAL JUDGMENT : (PER B.P. DHARMADHIKARI, J.) Shri V.V. Bhangde, learned counsel for the petitioner has filed a pursis No. 438 of 2017, reporting no instructions. Accordingly, we discharge Shri Bhangde, learned counsel and his office.
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2. We have heard Ms. Khan, learned AGP for the respondents.
3. The order of Scrutiny Committee dated 07.10.1999 invalidating caste claim of the petitioner, as belonging to 'Halbi'
- Scheduled Tribe has been questioned in present matter. This Court has issued Rule on 28.08.2001 and granted interim relief. That interim relief continues to operate even today. The petitioner was about 45 years old when the petition came to be filed. He must have, therefore, superannuated by now.
4. A perusal of impugned order reveals that the petitioner did not cooperate with the Scrutiny Committee, did not attend hearing after Vigilance Cell found out old documents of his father, uncle and cousin grand father. There, the caste was mentioned as 'Koshti'. In view of these documents, the caste claim has been invalidated.
5. The petitioner is born on 11.05.1955 and caste certificate was issued to him on 11.08.1981 i.e. when he was ::: Uploaded on - 14/03/2017 ::: Downloaded on - 15/03/2017 00:40:08 ::: wp2344.00 3 about 26 years old.
6. In these peculiar facts, when the petitioner has already ceased to be in employment, though we uphold the order of invalidation, in the light of Full Bench judgment of this Court in the case of Arun Vishwanath Sonone vs. State of Maharashtra & Ors., reported at 2015 (1) Mh. L.J. 457, we are not inclined to disturb his service or benefits flowing therefrom. We, however, declare that the petitioner or his family members are not entitled to claim the status and benefits as 'Halbi' - Scheduled Tribe, in view of the order of invalidation dated 07.10.1999.
7. With these clarifications, we dispose of the present writ petition. Rule discharged. However, in the facts and circumstances of the case, there shall be no order as to costs.
JUDGE JUDGE
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*GS.
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