Digambar S/O Ramrao Gadekar vs The Divisional Caste Cert. ...
2016 Latest Caselaw 7256 Bom

     WP 6587.16.[J].odt                                 1




                                                                                        
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   NAGPUR BENCH : NAGPUR




                                                                
                              WRIT PETITION NO.6587 OF 2016




                                                               
     Digambar s/o Ramrao Gadekar,
     Aged about 50 years,
     Occupation-Service,
     R/o. at village Muradpur,
     Post-Bharosa, Tahsil-Chikhli,




                                                  
     District-Buldhana.                                          ..              Petitioner
                              ig    .. Versus ..

     1] The Divisional Caste Certificate
                            
        Scrutiny Committee No.2, Akola,
        Tahsil and District-Akola,
        through its Chairman.

     2] Shikshan Prasarak Mandal, Chikhli,
      


        Tahsil-Chikhli, District-Buldhana,
        through its Secretary.                                   ..              Respondents
   



                            ..........
     Shri N.B. Kalwaghe, Advocate for the petitioner,





     Smt. H.N. Prabhu, Assistant Government Pleader for respondent no.1.
                            ..........

                                    CORAM :  SMT. VASANTI  A  NAIK  AND
                                             MRS. SWAPNA  JOSHI, JJ.

DATED : DECEMBER 15, 2016.

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

Rule. Rule made returnable forthwith. The petition is heard

finally at the stage of admission as a notice for final disposal was issued

against the respondents and the respondents are duly served.

By this writ petition, the petitioner claims the protection of his

services in view of the judgment the Full Bench reported in 2015 (1) Mh.L.J.

457 (Arun s/o Vishwanath Sonone .vs. State of Maharashtra and others) as the

petitioner was appointed on the post of Assistant Teacher that was earmarked

for the "Vimukta Jati" (A) on 25.8.1992 and though his caste claim is rejected,

there is no observation in the order of the scrutiny committee that the

petitioner had fraudulently secured the benefits meant for the Rajput Bhamta

(Vimukta Jati-A). It is stated that the caste claim of the petitioner is

invalidated only because the petitioner could not prove the same on the basis

of the documents and the affinity test.

Smt. Prabhu, the learned Assistant Government Pleader appearing

on behalf of the respondent no.1 does not dispute the position of law as laid

down by the full bench and further does not dispute that there is no

observation in the order of the Scrutiny Committee that the petitioner had

fraudulently secured the benefits meant for the Rajput Bhamta (Vimukta

Jati-A).

Since both the conditions that are required to be satisfied by the

judgment of the full bench stand satisfied in the case of the petitioner,

inasmuch as the petitioner was appointed before the cut off date in the year

1992 and there is no observation in the order of the scrutiny committee that

the petitioner had fraudulently secured the benefits meant for Rajput Bhamta

(Vimukta Jati-A), the services of the petitioner need to be protected in view of

the judgment of the full bench.

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 tenders an

undertaking in this court and before the respondent no.2 within four weeks

that neither the petitioner nor his progeny would seek the benefits meant for

the Rajput Bhamta (Vimukta Jati-A), in future.

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

costs.

                                                
                                      JUDGE 
                                   ig                                           JUDGE

     Gulande, PA