Rangubai Gowardhan Tapre vs Schedule Tribe Caste Certificate ...
2016 Latest Caselaw 4317 Bom

    WP 4066/16                                           1                          Judgment


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                                                        
                        NAGPUR BENCH, NAGPUR.
                           WRIT PETITION No. 4066/2016




                                                                
    Rangubai Gowardhan Tapre,
    Aged about 40 years, Occupation: Service,
    R/o At Post Sawra, Tahsil Akot,
    District Akola.                                                             PETITIONER
                                         .....VERSUS.....




                                                               
    1.      Schedule Tribe Caste Certificate
            Scrutiny Committee,
            through its Member Secretary,
            Bhatkuli Road, Amravati.




                                                
    2.      Head Master,
            Shri.Maharudra High School, Sawra,


    3.
                              
            Tahsil Akot, District Akola.
            Education Officer, Secondary,
            Zilla Parishad, Akola.                                                RESPONDENTS
                             
                             Shri S.D. Khati, counsel for the petitioner.
         Shri A.A. Madiwale, Assistant Government Pleader for the respondent nos.1 and 3.
                        Shri S.D. Ingole, counsel for the respondent no.2.

                                          CORAM :SMT.VASANTI  A  NAIK AND
      


                                                       MRS.SWAPNA JOSHI, JJ.     

DATE : 1 ST AUGUST, 2016.

ORAL JUDGMENT (PER : SMT.VASANTI A NAIK, J.)

RULE. Rule made returnable forthwith. The petition is heard

finally at the stage of admission with the consent of the learned counsel

for the parties.

2. By this writ petition, the petitioner seeks a direction against

the respondent no.2 to protect the services of the petitioner in view of the

judgment of the Full Bench, reported in 2015(1) Mh.L.J. 457 (Arun

Vishwanath Sonone Versus State of Maharashtra & Others).

WP 4066/16 2 Judgment

3. The petitioner was appointed as an Assistant Teacher on

02.09.1998 on a post earmarked for the Scheduled Tribes. The petitioner

claimed to belong to Koli Mahadeo 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 30.06.2016. The petitioner has not challenged the

order of the Scrutiny Committee in this petition. The petitioner has only

sought the protection of her services as she was appointed in the year

1998, i.e. before the cut-off date, and as according to the petitioner, there

is no observation in the order of the Scrutiny Committee that the

petitioner has fraudulently secured the benefits meant for the Koli

Mahadeo Scheduled Tribe.

4. Shri Madiwale, the learned Assistant Government Pleader

appearing on behalf of the respondent no.1-Scrutiny Committee and the

respondent no.3, and Shri Ingole, the learned counsel for the respondent

no.2, do not dispute the position of law as laid down by the Full Bench.

The respondent no.2 does not dispute that the petitioner was appointed

before the cut-off date. The counsel for the respondents also do

not dispute that there is no observation in the order of the Scrutiny

Committee that the petitioner has fraudulently secured the benefits meant

for the Koli Mahadeo Scheduled Tribe.

WP 4066/16 3 Judgment

5. Since both the conditions, that are required to be satisfied

while seeking the protection of services, stand satisfied in case of the

petitioner, inasmuch as the petitioner was appointed before the cut-off

date and there is no adverse observation in the order of the Scrutiny

Committee except the observation in respect of invalidation of the caste

claim of the petitioner, it would be necessary to protect the services of the

petitioner on the post of Assistant Teacher. We find that the Scrutiny

Committee has invalidated the caste claim of the petitioner only because

the petitioner could not prove the same on the basis of the documents

and the affinity test.

6. Hence for the reasons aforesaid, the writ petition is allowed.

The respondent no.2 is directed to protect the services of the petitioner on

the post of Assistant Teacher, only on the condition that the petitioner

furnishes an undertaking in this Court and before the respondent no.2,

within a period of four weeks that neither the petitioner nor her progeny

would claim the benefits meant for the Koli Mahadeo Scheduled Tribe, in

future.

Rule is made absolute in the aforesaid terms with no order as to costs.

                   JUDGE                                             JUDGE
    APTE





     WP 4066/16                                          4                           Judgment


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