Shri. Ashok S/O. Manikrao ... vs Scheduled Tribe Scrutiny ...
2016 Latest Caselaw 4692 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,




                                                  
                                   NAGPUR BENCH, NAGPUR




                                         
                             WRIT PETITION NO.3787 OF 2016
                             
                            
      Ashok s/o. Manikrao Suradkar,
      Aged Nil, Occ. Service, r/o.
      Raipur, Post Kolara, Tq.Chikhali,
      Distt. Buldhana-443201.                 ..........      PETITIONER
      
   



             // VERSUS //





      1. Scheduled Tribe Scrutiny Committee,
          Through its Member/Secretary,
           Amravati.
      2.  Shri Sharad Shikshan Va Yuvak





           Kalyan Sanstha, Chikhali,
           Distt. Buldhana, Through its
           President.
      3.  Principal,
           Kala Mahavidyalaya,
           Buldhana, Distt. Buldhana.            ..........       RESPONDENTS




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                  Mr.R.D.Karode, Adv. for the petitioner.




                                                                                      
                    Mr.Amit Balpande, AGP for respondent.
                 Mr.A.A.Mirza, Adv. for respondent nos. 2 and 3.
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                                         CORAM     :  B. R. GAVAI &
                                                              V. M. DESHPANDE, JJ.

DATE : 16.8.2016.

ORAL JUDGMENT (Per B.R.Gavai, J) :

1. Rule. Rule is made returnable forthwith. Heard by

consent.

2. By way of present petition, the petitioner has prayed for

protection of his services.

3. The petitioner was appointed on 17th September, 1996

on the post of Peon against the post reserved for a Scheduled Tribe

category candidate. The petitioner claimed to be belonging to the

'Koli Mahadeo' caste, which is recognized as a Scheduled Tribe.

However, it appears that the claim of the petitioner came to be

invalidated vide order dt.9.6.2016 passed by the Caste Scrutiny

Committee. Perusal of the order passed by the Scrutiny Committee

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would reveal that there are no allegations regarding fraud in the said

order.

4. The Larger Bench of this Court in the case of Arun s/o

Vishwanath Sonone vs. State of Maharashtra, through its

Secretary, Department of Education, Mantralaya, Mumbai-32 and

Ors. (WRIT PETITION NO.5297 OF 2013) reported in 2015 (1)

Mh.L.J. 457 has held that when a candidate's claim is invalidated

and when there is no finding of fraud and when the candidate has

put in substantial years of service, his services are entitled to be

protected. We find that the present case is squarely covered by the

law laid down by the Larger Bench of this Court.

5. In that view of the matter, we direct the respondents to

protect the services of the petitioner. It is directed that the petitioner

shall not be terminated on the ground of invalidation of his caste

claim. It is, however, directed that the petitioner shall not be entitled

to any of the benefits of belonging to 'Koli Mahadeo' Schedulted

Tribe.

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Rule is made absolute in the aforesaid terms. No order as

to costs.

                                   JUDGE                       JUDGE
       




                                                    
      *jaiswal.




                                         
                             
                            
      
   







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