Ravindra S/O Eknath Dahatonde vs Scheduled Tribe Caste ...
2016 Latest Caselaw 6578 Bom

     WP4830.16 [J].odt                                 1

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                        
                                   NAGPUR BENCH : NAGPUR
                              WRIT PETITION NO.4830 OF 2016




                                                               
     Ravindra s/o Eknath Dahatonde,
     Aged 37 years, Occupation-Service,
     R/o. F-9, Sandesh Plaza Apartment,




                                                              
     Geeta Nagar Akola, Tahsil and District 
     Akola.                                                      ..             Petitioner

                                    .. Versus ..




                                                  
     1]     Scheduled Tribe Caste Certificate
            Committee, through its Member
                             
            Secretary, Bhatkuli Road,
            Amravati.

     2]     Superintendent of Police,
                            
            Akola, District-Akola.                               ..             Respondents

                              ..........
     Shri S.D. Khati, counsel for the petitioner,
     Ms. T. Khan, AGP for the respondents.
      


                              ..........
   



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

DATED : NOVEMBER 21, 2016.

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

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.

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

services on the post of Police Constable 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).

The petitioner was appointed as a Police Constable on a post

earmarked for the Scheduled Tribes on 10.1.2001. The caste claim of the

petitioner was referred to the Scrutiny Committee for verification. The

petitioner's caste claim was invalidated by the Scrutiny Committee by the order

dated 30.6.2016. The petitioner has given up his claim of belonging to Koli

Mahadeo Scheduled Tribe and has only sought the protection of his services in

view of the judgment of the full bench.

It is stated on behalf of the petitioner that the services of the

petitioner are required to be protected in view of the judgment of the full

bench. It is stated that the petitioner was appointed before the Maharashtra

Act No.XXIII of 2001 came into force 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 Scheduled Tribe. It is stated that there is

no condition in the order of the appointment of the petitioner that the services

would stand cancelled if the petitioner fails to produce the caste validity

certificate. It is stated that the services of the petitioner should be protected in

view of the findings recorded by the full bench in paragraph 66 (c) of the

judgment of the full bench.

Ms. Khan, the learned Assistant Government Pleader appearing for

the respondents does not dispute that the petitioner was appointed as a Police

Constable on 10.1.2001. It is, however, stated that since the petitioner was not

appointed before the cut off date, that is 28.11.2000, the petitioner would not

be entitled to the protection of his services. It is, however, fairly admitted that

there is nothing in the order of the appointment to show that the appointment

of the petitioner would be cancelled, if the petitioner fails to produce the caste

validity certificate. It is also fairly admitted that there is no observation in the

order of the Scrutiny Committee that the petitioner had fraudulently secured

the benefits meant for the Koli Mahadeo Scheduled Tribe.

On a reading of the judgment of the full bench, specially paragraph

66 thereof, it appears that the relief sought by the petitioner needs to be

granted. Though the petitioner was not appointed before 28.11.2000, the

petitioner is appointed before Maharashtra Act No.XXIII of 2001 came into

force on 18.10.2001. The proposition of law, as laid down in paragraph 66 (c)

of the full bench judgment, would apply to the case of the petitioner. There is

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

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

Also, there is no condition in the order of appointment of the petitioner that

the appointment order would stand cancelled, if the petitioner fails to produce

the caste validity certificate.

In view of aforesaid, the writ petition is allowed. The respondents

are directed to protect the services of the petitioner on the post of Police

Constable, only on the condition that the petitioner furnishes an undertaking

in this Court and before the respondent no.2 that neither the petitioner nor his

progeny would seek the benefits meant for the Koli Mahadeo Scheduled Tribe,

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

costs.

                                      JUDGE                                         JUDGE

     Gulande, PA