Ghanshyam S/O Gendlal Kisan vs Divisional Caste Certificate ...
2016 Latest Caselaw 162 Bom

                                           1                        WP96-16.odt         



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                               
                                   NAGPUR BENCH : NAGPUR




                                                       
                              WRIT PETITION NO. 96/2016

                                                  ...




                                                      
    Ghanshyam s/o Gendlal Kisan,
    Aged about 36 years,
    Occupation: Nil,
    R/o Gandhi Nagar, Bramhapuri,




                                               
    Tahsil Bramhapuri, District-
    Chandrapur.               ig                      ..             PETITIONER


                                   .. Versus ..
                            
    1. Divisional Caste Certificate
       Scrutiny Committee, through its
       Member Secretary, Giripeth,
      

       Nagpur.
   



    2. Secretary,
       Newajabai Hitkarni High School,
       Bramhapuri, District Chandrapur.

    3. Head Master,





       Newajabai Hitkarni High School,
       Bramhapuri, District Chandrapur.               ..            RESPONDENTS


    Mr. P.K. Dhomne, Advocate for Petitioner.
    Mr. Neeraj Patil, AGP for Respondent No.1.





    Mr. M.P. Khajanchi, Advocate for Respondent Nos. 2 and 3.

                                   ...


                  CORAM : B.R. Gavai & P.N. Deshmukh, JJ.

DATED : February 29, 2016.

2 WP96-16.odt

ORAL JUDGMENT (per B.R. Gavai, J. )

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

consent of learned counsel appearing for the parties.

2. The petitioner was appointed as Shikshan Sevak on

25.06.2001 against the post reserved for Nomadic Tribe since he

claimed to be belonging to Rajput Bhamta. After serving for three

years, the petitioner came to be confirmed as an Assistant Teacher.

3. Since the petitioner was appointed against the post

reserved for Nomadic Tribe, his claim was referred to respondent

No.1- Committee for scrutiny. The claim was found to be invalid.

The petitioner has, therefore, approached this Court for protection

of his service 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.

4. Admittedly there is no finding of fraud in the order of the

Scrutiny Committee. The petitioner is appointed in the year 2001

and as such has served for a period of almost 16 years. The Larger

Bench of this Court in the case of Arun Sonone (supra) has taken a

view that if a candidate is served for a long period and if there is no

finding of fraud against him, his services are entitled to be

protected.

3 WP96-16.odt

5. In that view of the matter, Rule is made absolute in terms

of prayer clause (i). No costs.

         (P.N. Deshmukh, J. )                   (B.R. Gavai, J.)
                                         ...




                                        
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