Bombay High Court
Prakash Omkar Dangre vs Schedule Tribe Caste Cert. ... on 25 November, 2016
Bench: V.A. Naik
wp5996.16 (j).odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.5996 OF 2016
Prakash Omkar Dangre,
Aged about 45 years,
Occupation-Service,
R/o. Gokul Colony, Akot,
Tahsil-Akot, District-Akola. .. Petitioner
.. Versus ..
1]
Schedule Tribe Caste Certificate
Scrutiny Committee, through its
Member Secretary, Bhatkuli Road,
Amravati.
2] Secretary,
Pragatik Shikshan Prasarak Mandal,
Akolkhed-Amboda, Tahsil-Akot,
District-Akola.
3] Head Master,
Shri. Nehru Vidyalaya Akolkhed,
Tahsil-Akot, District-Akola. .. Respondents
..........
Shri S.D. Khati, counsel for the petitioner,
Ms. Tajwar Khan, AGP for respondent no.1,
None for respondent nos.2 and 3 though served.
..........
CORAM : SMT. VASANTI A NAIK AND
MRS. SWAPNA JOSHI, JJ.
DATED : NOVEMBER 25, 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 is served on all the respondents.
By this writ petition, the petitioner seeks a direction against the
respondent nos.2 and 3 to protect the services of the petitioner in view of the
law laid down by the full bench in the judgment reported in 2015 (1) Mh.L.J.
457 (Arun s/o Vishwanath Sonone .vs. State of Maharashtra and others).
The petitioner was appointed as an Assistant Teacher in the
respondent no.3-School on 18.7.1998 on a post earmarked for the Scheduled
Tribes. The petitioner claims to belong to Koli Mahadeo Scheduled Tribe and
his caste claim was referred to the Scrutiny Committee for verification. The
Scrutiny Committee has invalidated the caste claim of the petitioner by the
order dated 29.8.2016.
Shri Khati, the learned counsel for the petitioner, states that the
petitioner is not desirous of challenging the order of the Scrutiny Committee
as he has given up his caste claim. It is stated that the petitioner was
appointed before the cut off date in the year 1998 and since there is no
observation in the order of the Scrutiny Committee that the petitioner has
fraudulently secured the benefits meant for the Koli Mahdeo Scheduled Tribe,
the petitioner would be entitled for the protection of his services in view of the
judgment of the full bench.
On a reading of the judgment of the full bench, the order of the
Scrutiny Committee and the appointment order of the petitioner, it appears
that the services of the petitioner need to be protected. It appears that the
petitioner was appointed in the year 1998 on the post of Assistant Teacher.
There is no condition in the appointment order that the services of the
petitioner would stand terminated if the caste claim of the petitioner is
invalidated. Also, 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. Since both the conditions that are required
to be satisfied while seeking the protection of services stand satisfied in the
case of the petitioner, the services of the petitioner are required to be
protected.
Hence, for the reasons aforesaid, the writ petition is allowed. The
respondent nos.2 and 3 are directed to protect the services on the post of
Assistant Teacher, only 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 Scheduled Tribe, in future.
Rule is made absolute in the aforesaid terms with no order as to
costs.
JUDGE JUDGE
Gulande, PA
