Bombay High Court
Gajanan S/O Narayanrao Sakhe vs State Of Maha. Through Secretary, ... on 22 August, 2016
Bench: B.R. Gavai
wp.4763.16
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT NAGPUR, NAGPUR.
...
WRIT PETITION NO. 4763/2016
Gajanan s/o Narayanrao Sakhe
Aged 46 years, occu: Physical Training Instructor
R/o Ganeshnagar, Kalamber Layout
Borgaon (Meghe)
Tah.& Dist. Wardha. ..PETITIONER
v e r s u s
1) State of Maharashtra
Through the Secretary
Department of Education
Mantralaya, Mumbai
2) The Secretary
Vidarbha Youth Welfare Society
office at 'Chaitanya' building
36, Ganediwal Layout Camp:Amravati.
3) The Headmaster,
Late Anandrao Meghe Vidyalaya
Borgaon (Meghe)
Tah.& Dist. Wardha.
4) The Joint Commissioner and Vice Chairman
Scheduled Tribe Scrutiny Committee,
Amravati. ...RESPONDENTS
...........................................................................................................................
Mr. S.D. Harode, Advocate for petitioner
Mr. Ambarish Joshi, Assistant Government Pleader for Res. Nos.1 & 4
Mr. R.D.Bhuibhar, Advocate for Respondent Nos.2 and 3
............................................................................................................................
CORAM: B.R.GAVAI &
V.M.DESHPANDE , JJ
.
DATED : 22nd August, 2016
wp.4763.16
ORAL JUDGMENT: (PER B.R. GAVAI, J.)
Rule. Rule made returnable forthwith. Heard by consent. Mr.
Ambarish Joshi, learned Assistant Government Pleader waives notice for
respondent nos.1 and 4. Shri R.D.Bhuibhar, learned counsel waives notice on
behalf of respondent nos.2 and 3.
2. The petitioner has approached this Court praying for protection
of his services, in view of the judgment of the larger Bench of this Court, in
the case of Arun Sonone vs. State of Maharashtra, reported in 2015 (1)
Mh.L.J. 457.
3. The petitioner claiming to be belonging to 'Mahadeo Koli'
Scheduled Tribe, was appointed as a Physical Training Instructor by the
respondent nos.2 and 3 on 26th September, 1998. The petitioner's services
were confirmed on 11th September, 2000. An approval was granted by the
Education Officer, Zilla Parishad, Wardha, on 25th November, 2000.
4. In the meantime, the petitioner's claim was referred to the
respondent no.4-Scrutiny Committee for considering the validity of his claim.
The Scrutiny Committee vide order dated 30th June, 2016 invalidated the
claim of the petitioner.
5. The petitioner has not challenged the order of the Scrutiny
wp.4763.16
Committee, on merits and has accepted the findings of the respondent no.4 -
Scrutiny Committee. The petitioner has restricted his claim in the present
petition only for protection of his services.
6. Since the larger bench of this Court in the case of Arun Sonone
(supra) has held that the candidates who are appointed against the reserved
posts and who have rendered a considerable period of service and in whose
cases, there is no finding of fraud, are entitled to protection of his/her
services.
7. Since the petitioner has put in more than 18 years service and
there is no adverse observation of fraud against the petitioner, the petitioner
is entitled to protection of his services, in view of the judgment of this Court in
the case of Arun Sonone (supra).
8. Rule is made absolute in terms of Prayer clause (a) of the
petition. It is however made clear that the petitioner would not be entitled to
any benefits meant for Scheduled Tribe, in future.
JUDGE JUDGE
sahare
wp.4763.16
C E R T I F I C AT E
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