Ganesh Shankarrao Gadhe vs Scheduled Tribe Certificate ...
2016 Latest Caselaw 6548 Bom

     WP5213.16 [J].odt                              1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                    
                                   NAGPUR BENCH : NAGPUR




                                                            
                              WRIT PETITION NO.5213 OF 2016

     Ganesh Shankarrao Gadhe,
     Age-41, Occupation-Service,
     R/o. Sanglud (Bu), Tah. & Dist.




                                                           
     Akola.                                                  ..             Petitioner

                                    .. Versus ..




                                                  
     1]     Scheduled Tribe Certificate Scrutiny
            Committee Division, Amravati,


     2]
                             
            through its Chairman.

            Shri Sant Gajanan Maharaj Shikshan
            Sanstha, Akola, through President
                            
            R/o. Vijay Apartment,
            Durga Chowk, Akola.                              ..             Respondents

                              ..........
      

     Shri M.V. Bute, Advocate for the petitioner,
     Shri I.J. Damle, Assistant Government Pleader for respondent no.1.
   



                              ..........

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

DATED : NOVEMBER 18, 2016.

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

Rule. Rule made returnable forthwith. The petition is heard

finally with the consent of the learned counsel for the parties.

The petitioner has challenged the order of the Scrutiny Committee,

dated 30.6.2016 invalidating the claim of the petitioner of belonging to Koli

Mahadeo Schedule Tribe. The petitioner has also sought the protection of his

service in view of the judgment of the Full Bench.

Shri Bute, the learned counsel for the petitioner, states that the

petitioner has given up his caste claim and the grievance of the petitioner

would be redressed, if the services of the petitioner are protected in view of the

judgment of the Full Bench reported in 2015 (1) Mh.L.J. 457 (Arun s/o

Vishwanath Sonone .vs. State of Maharashtra and others). Hence, we permit

the petitioner to delete prayer clause (a) of the petition. The amendment

should be carried out forthwith.

The petitioner was appointed as a Peon by the respondent no.2-

Shri Sant Gajanan Maharaj Shikshan Sanstha on a post earmarked for the

scheduled tribes on 25.6.1996. The petitioner claims to belong to Mahadeo

Koli Schedule Tribe. The caste claim of the petitioner was verified by the

Scrutiny Committee and the Scrutiny Committee held that the petitioner does

not belong to Mahadeo Koli Schedule Tribe. The petitioner has given up his

caste claim and has only sought the protection of his services in view of the

judgment of the Full Bench.

Shri Bute, the learned counsel for the petitioner, submits that the

petitioner was appointed before the cut off date in the year 1996 and there is

no observation in the order of the Scrutiny Committee that the petitioner had

fraudulently secured the benefits meant for the Koli Mahadeo Schedule Tribe.

It is stated that both the conditions that are required to be satisfied by the

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

seeking the protection of the services.

Shri Damle, the learned Assistant Government Pleader appearing

for the respondent no.1, does not dispute the position of law as laid down by

the full bench. It is stated that it does not appear from the order of the

Scrutiny Committee that a finding of fraud is recorded against the petitioner.

On hearing the learned counsel for the parties, we find that a

direction to the respondent no.2 to protect the services of the petitioner would

be necessary. The petitioner was appointed before the cut off date in the year

1996 and on a perusal of the order of the Scrutiny Committee, we find that

there is no observation in the order that the petitioner had secured the benefits

meant for the Koli Mahadeo Schedule Tribe, fraudulently. It is rightly stated

on behalf of the petitioner that both the conditions that are required to be

satisfied while seeking the protection of services stand satisfied in the case of

the petitioner.

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 Peon on the condition that the petitioner furnishes 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 Koli Mahadeo

Schedule Tribe, in future.

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

costs.

                                      JUDGE                                               JUDGE

     Gulande, PA