Bombay High Court
Pramod S/O Madhukar Wankhede vs Schedule Tribe Caste Certificate ... on 8 December, 2016
Bench: V.A. Naik
WP 5496.16.[J]odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5496 OF 2016
Pramod s/o Madhukar Wankhede
Aged about 45 years,
Occupation-Service,
R/o. Arjun Nagar Amravati,
District-Amravati. .. Petitioner
.. Versus ..
1] Schedule Tribe Caste Certificate
Scrutiny Committee through its
Member Secretary, Bhatkuli Road,
District Amravati.
2] The District Maleria Officer,
Near Dafrin Hospital, Amravati.
District-Amravati. .. Respondents
..........
Shri S.D. Khati, Advocate for the petitioner,
Shri A.M. Balpande, AGP for the respondents.
..........
CORAM : SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATED : DECEMBER 08, 2016.
ORAL JUDGMENT : (Per : MRS. SWAPNA JOSHI, J.)
1] 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, in the case of Arun Sonone .vs. State of
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WP 5496.16.[J]odt 2
Maharashtra.
3] Brief facts of the case are that, the petitioner was appointed as
Arogya Sevak by the District Health Officer, Ratnagiri at Primary Health Centre
Anjarle vide appointment order, dated 10.6.1999. The petitioner claimed to
belong to Koli Mahadeo Scheduled Tribe. The caste claim of the petitioner
was referred to the respondent no.1-Scrutiny Committee for verification.
However, the Scrutiny Committee invalidated the caste claim of the petitioner
by the order dated 24.5.2016. The petitioner is simply seeking the protection
of his services from the respondent no.2.
4] Learned counsel for the petitioner Shri S.D. Khati, contended that
the services of the petitioner need to be protected, in view of the judgment of
the Full Bench in the case of Arun Sonone .vs. State of Maharashtra, reported
in 2015 (1) Mh.L.J. Page 457. He submitted that as per the directions in the
said judgment, it is necessary that the petitioner is to be appointed before the
cut off date i.e. 28.11.2000 and there should be no observation that the
petitioner had fraudulently secured the benefits meant for Koli Mahadeo
Scheduled Tribe. Shri Khati, learned counsel, further submitted that the
petitioner has fulfilled both these conditions. The petitioner was appointed on
10.6.1999 and caste claim of the petitioner is rejected by the Scrutiny
Committee, as the petitioner could not prove the same on the basis of the
documents required to prove that he belongs to Koli Mahadeo Scheduled Tribe
as well as the affinity test.
5] Learned Assistant Government Pleader Shri A.M. Balpande for the
respondents, does not dispute the settled position of law, as laid down in the
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WP 5496.16.[J]odt 3
judgment of the Full Bench (supra). It is fairly admitted that in the order of
the Scrutiny Committee there is no observation that the petitioner had
fraudulently secured the benefits meant for Koli Mahadeo Scheduled Tribe.
6] After hearing both the sides and on a perusal of the record and the
judgment of the Full Bench, it appears that the services of the petitioner are
required to be protected. The petitioner was admittedly appointed before the
cut off date i.e. 28.11.2000. So also, there is no observation in the order of the
Scrutiny Committee that the petitioner has fraudulently secured the benefits
meant for Koli Mahadeo Scheduled Tribe. The caste claim of the petitioner
was invalidated as he could not prove the same on the basis of the documents
produced by him before the Scrutiny Committee. The petitioner has fulfilled
both the conditions that are required to be satisfied, while seeking the
protection of the services, as per the judgment of the Full Bench.
7] In view of the facts and circumstances, the following order is
passed :
O R D E R
(i) The Writ Petition is allowed.
(ii) The respondent no.2 is directed to protect the services of the petitioner on
the post of Arogya Sevak, on the condition that the petitioner should furnish
an undertaking in this Court and before the respondent no.2 that the petitioner
would not claim the benefits meant for Koli Mahadeo Scheduled Tribe, in
future.
(iii) Rule is made absolute in the aforesaid terms, with no order as to costs.
JUDGE JUDGE
Gulande, PA
