1 wp3927.13.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3927/2013
Prashant s/o Vistari Mallewar,
aged about 39 years, Occ. Service,
r/o Bajrang Chowk, Alapalli,
Tq. Aheri, Dist. Gadchiroli. .....PETITIONER
...V E R S U S...
1. The Chief Conservator of Forest,
Gadchiroli Forest Division, Gadchiroli,
Samajik Nyaya Bhavana Complex,
Gadchiroli, Tq. Dist. Gadchiroli.
2. The Deputy Conservator of Forest,
Alapalli Forest Division, Alapalli,
Tq. Aheri, Dist. Gadchiroli.
3. The Deputy Conservator of Forest,
Sironcha Forest Division, Sironcha.
4. The Conservator of Forest,
South Chandrapur Forest Circle,
Chandrapur, Tq. Dist. Chandrapur. ...RESPONDENTS
---------------------------------------------------------------------------------------------------
Shri S. P. Bhandarkar, Advocate for petitioner.
Shri V. A. Thakare, A.G.P. for respondent nos. 1 to 4.
--------------------------------------------------------------------------------------------------
CORAM:- SMT. VASANTI A. NAIK AND
V. M. DESHPANDE, JJ.
DATED :-
MARCH 20, 2017 ORAL JUDGMENT (Per : Smt. Vasanti A Naik, J.) By this writ petition, the petitioner has sought a declaration that the petitioner is not obliged to submit caste validity certificate as the appointment of the petitioner was not ::: Uploaded on - 22/03/2017 ::: Downloaded on - 23/03/2017 00:59:58 ::: 2 wp3927.13.odt made on a post that was reserved for the Scheduled Tribes but his appointment was a compassionate appointment. The case of the petitioner is that the reservation policy could not have been applied to the petitioner as his appointment is on compassionate ground.
The issue involved in this case stands answered in favour of the petitioner by the judgment dated 14.01.2016 in Writ Petition No.4185/2015. This Court has held in the said judgment that the respondents could not have directed the petitioner to produce the caste validity certificate as the State could not have applied the reservation policy while making the appointment on compassionate ground, when the State Government could not point out any policy for applying the reservation, while making the appointment on the compassionate ground. In this case also, admittedly, the petitioner is appointed on compassionate ground and there is nothing on record to show that there was a policy of the State Government to apply the reservation policy while making appointment on compassionate ground in the year 1995, when the petitioner was appointed.
Hence, for the reasons recorded in the judgment dated 14.01.2016 in Writ Petition No.4185/2015 and the reasons ::: Uploaded on - 22/03/2017 ::: Downloaded on - 23/03/2017 00:59:58 ::: 3 wp3927.13.odt recorded hereinabove, we allow the writ petition. The impugned order dated 10.07.2013 is quashed and set aside. The respondents cannot remove the petitioner from the service for not producing the caste validity certificate.
Rule is made absolute in the aforesaid terms with no order as to cost.
(V. M. Deshpande, J.) (Smt. Vasanti A. Naik, J.) kahale ::: Uploaded on - 22/03/2017 ::: Downloaded on - 23/03/2017 00:59:58 :::