Bombay High Court
Rashmi Haresh Tawari vs State Of Maharashtra, Through ... on 12 April, 2016
Bench: Anoop V. Mohta
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 4641 OF 2014
Rashmi Haresh Tawari,
Aged 40 years, residing at,
Gangasangam Co-op. Housing
Society, A/13, 2nd Floor, Varse,
Tal. Roha, Dist. Raigad - 402 116 .... Petitioner
vs
1 State of Maharashtra, through
its Secretary, Social Welfare Department,
Mantralaya, Mumbai 400032
2 Directorate of Ayurved, Maharashtra
State, Govt. Dental College and
Hospital Building, 4th floor, St. Georges
Hospital Compound, P. D'mello Rd,
Fort, Mumbai 400 001
4 Dean,
M. A. Poddar Hospital,
Worli, Mumbai .... Respondents
Mr. R.K. Mendadkar with Mr. C.K. Bhangoji for the petitioner.
Mr. C. P. Yadav, AGP for respondents 1 and 2.
CORAM: ANOOP V. MOHTA AND
A. A. SAYED, JJ.
DATE : April 12, 2016
ORAL JUDGMENT (Per Anoop V. Mohta, J.):
Rule, returnable forthwith. Heard finally by consent of
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parties.
2 On 20 September 1997, the Petitioner was appointed by
Respondent No.2 and posted at the office of Respondent No.3 on the
post of Nurse under reserved category of Scheduled Tribe. Since the
Petitioner was appointed from the reserved category, Respondent No.3
referred the caste certificate of the Petitioner to the Scheduled Tribe
Certificate Scrutiny Committee, Thane for verification. The Scrutiny
Committee, however, has invalidated the caste certificate of the
Petitioner as belonging to Mahadev Koli, Scheduled Tribe on 13 June
2012. On 20 July, 2012, in view of the invalidation of tribe claim as
belonging to Scheduled Tribe, Respondent No.3 passed an order
thereby terminating the services of the Petitioner on the post of Nurse.
3 The Writ Petition filed by the Petitioner against the order
of the Scrutiny Committee was disposed of by this Court directing the
Divisional Caste Certificate Scrutiny No.3, Belapur, Navi Mumbai to
decide caste claim of the Petitioner as belonging to Koli, Special
Backward Class (SBC) as the Petitioner gave up her caste claim as
belonging to Koli Mahadeo (Scheduled Tribe). On 25 March 2014,
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thereafter, as per directions given by this Court, the Divisional Caste
Certificate Scrutiny Committee No.1, Konkan Bhavan, Navi Mumbai
validated the caste certificate of the Petitioner as belonging to Koli,
SBC and accordingly issued caste validity certificate.
4 The learned AGP resisted the case of the Petitioner and
referred to affidavit dated 11.07.2014 and Circulars annexed to it.
5 The learned counsel appearing for the Petitioner has relied
upon the judgment of Supreme Court in Kavita Solunke v. State of
Maharashtra and ors.1 and a Full Bench judgment of this Court in
Arun s/o Vishwanath Sonone v. State of Maharashtra & ors 2 and
basically referred to paragraph 62 which is reproduced as under :
"62 We, therefore, find that the decision of the
Division Bench of this Court in the case of Pradip
Koli to the extent it holds in para 26 that "the case
of A.P. Ramtekar does not notice that the decision
in the case of Kavita Solunke is confined to those
who were claiming to be Halbas and therefore, it is
1 2012 (5) Mh. L. J. 921
2 2015 (1) ALL MR 799 (F.B.)
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not a binding principle" does not lay down a
correct legal position and hence it is partly
overruled, making it further clear that we concur
with rest of the judgment as laying down a correct
position of law in respect of "Koshti" and "Halba
Koshti". Similarly, in Rakesh Dafade's case, the
Division Bench has granted protection to the
persons belonging to "Koli" caste falling in the
Special Backward Class category. We do not find
that the grant of such protection is contrary to any
of the decisions of the Apex Court."
6 Further submission is also made for the reliefs in view of
the judgment passed by this Court in Rakesh Sukanuji Dafade v. State
of Maharashtra and anr.3 and judgment dated 1.9.2015 (Anoop V.
Mohta and A.A. Sayed, JJ.) in Writ Petition No. 4903/2012-Shri
Navnath Shivram Koli v. The General Manager, Central Bank of India
Mumbai and ors4. In Rakesh Dafade (supra), this Division Bench,
3 2014 (3) Mh. L. J. 307
4 Judgment dated 1.9.2015 (Anoop V. Mohta and A.A. Sayed, JJ.) in
Writ Petition No. 4903/2012
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in a similar situation, where the respective Petitioners were
terminated, joined the services by claiming Mahadeo Koli as their
caste which was not validated by the Scrutiny Committee. However, it
was declared that they belong to Koli (Special Backward Class) (SBC).
This Court, based upon the earlier judgments, including the Supreme
Court Judgment so referred above, read with the Full Bench
judgment, granted protection of service and reinstatement with
continuity of service without back wages.
7 In the present case, as noted above, lastly the Petitioner
got validation of her caste certificate being belonging to Koli SBC,
though she was appointed based upon the caste certificate being
belonging to Mahadeo Koli, Scheduled Tribe. The Petitioner,
therefore, in the present Petition, in view of the above judgments, is
seeking similar relief as granted by this Court referring to the Full
Bench judgment in question.
8 Considering the submission so made and the judgments so
referred above, and in view of the fact that the Petitioner was in
service with Respondent No.3 since 20 September 1997 and was
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terminated on 20 July 2012 after the Caste Scrutiny Committee
invalidated her caste certificate and now the Caste Scrutiny
Committee declared her caste as Koli (SBC), therefore, in the
interest of justice and in view of the judgments and orders so referred
above, we are inclined to grant similar reliefs in the following terms :
ORDER
(a) Termination order dated 20.07.2012 passed by
Respondent No.3 is quashed and set aside.
(b) The Petitioner is entitled for continuity of service
except back wages.
(c ) The Petitioner would not be entitled to any further
caste benefits in future on the basis of which she
was appointed.
(d) It is clarified that in respect of the benefits , if any,
granted after 28.11.2000 being belonging to
Mahadeo Koli (Scheduled Tribe), the
Respondent/employer /management are at liberty
to take appropriate steps and/or to restore the
position as on 28.11.2000 except arrears of salary.
(e) The Petitioner to submit the present/existing caste
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certificate of Koli (Special Backward Class) to
complete the formality of service record as early as
possible.
(f) Rule is made absolute accordingly in the above
terms.
(g) No costs.
(A. A. SAYED, J.)
ig (ANOOP V. MOHTA, J.)
