Bombay High Court
Ganesh S/O. Shiodharma Sonekar vs Union Of India Through Its ... on 5 October, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.3566/2015
PETITIONER: Ganesh s/o Shiodharma Sonekar
aged about 53 years, Occ. Service as
Mineral Officer with Respondent no.2,
Resident of Quarter No.60, Nandanwan
Colony, Nagpur - 440009.
ig ...VERSUS...
RESPONDENTS : 1. Union of India, through its Secretary,
Ministry of Coal and Mines, Shastri
Bhavan, New Delhi.
2. Chief Administrative Officer and Head
Office, Indian Bureau of Mines, Indira Bhavan,
Civil Lines, Nagpur 440001.
3. Scheduled Tribe Certificate Scrutiny
Committee, Nagpur Division, Giripeth,
Amravati Road, Nagpur, through its Vice
Chairman/Member-Secretary.
4. Sub-Divisional Officer, Chandrapur.
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Shri N.C. Phadnis, Advocate for petitioner
Mrs. Mugdha R. Chandurkar, Advocate for respondent no.1
Shri A.A. Madiwale, AGP for respondent nos.3 and 4
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CORAM : SMT. VASANTI A NAIK, AND
KUM. INDIRA JAIN, JJ.
DATE : 05.10.2016
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.
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By this writ petition, the petitioner seeks a direction against
the respondent - Scrutiny Committee to decide the caste claim of the
petitioner, in accordance with law. The petitioner also seeks a direction
against the respondent nos.1 and 2 to protect the services of the
petitioner, till his caste claim is decided.
The petitioner was appointed as a Senior Technical Assistant
(Geology) by the respondent no.2. Since the petitioner was appointed on
a post earmarked for the Scheduled Tribes, the claim of the petitioner of
belonging to Mahadeo Koli Scheduled Tribe was referred to the
respondent no.3 - Scrutiny Committee for verification. The Scrutiny
Committee, however, invalidated the caste certificate of the petitioner on
the ground that the petitioner or his ancestors were not permanent
residents of Nagpur from where the petitioner has secured the caste
certificate.
As the ancestors of the petitioner were permanently residing
at Ner, Taluka : Chimur, District : Chandrapur on the deemed date,
during the pendency of the writ petition, the petitioner has secured the
caste certificate from a competent authority at Ner, Taluka : Chimur.
According to the petitioner, the petitioner is willing to tender the caste
certificate along with the necessary documents in the proper form either
to the Scrutiny Committee directly or to the respondent no.2, who in
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turn, may submit the caste claim of the petitioner to the Scrutiny
Committee for verification.
Shri Phadnis, the learned Counsel for the petitioner states
that since the petitioner has now received the caste certificate from the
competent authority, the petitioner is willing to submit the same either to
the respondent no.2 or to the respondent no.3 - Scrutiny Committee. It is
stated that a direction be issued against the Scrutiny Committee to decide
the caste claim of the petitioner at the earliest. It is stated that the
services of the petitioner may be protected till his caste claim is decided.
Since the caste claim of the petitioner was not invalidated
on merits and the same was invalidated on the ground that the caste
certificate was not issued to the petitioner by a competent authority and
since the petitioner has now secured the caste certificate from the
competent authority, it would be necessary to allow the writ petition. The
petitioner could be permitted to tender the caste certificate and the other
necessary documents to the respondent no.2, who in turn, may remit the
same to the respondent no.3 - Scrutiny Committee at the earliest. Since
the caste claim of the petitioner is not yet verified, it would be necessary
to protect the services of the petitioner, till his caste claim is decided.
Hence, for the reasons aforesaid, we partly allow the writ
petition. The petitioner is directed to submit the caste certificate and the
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necessary documents in the proper form to the respondent no.2 within
three weeks. The respondent no.2 is directed to submit the caste claim of
the petitioner to the respondent no.3 - Scrutiny Committee within three
weeks from the date of receipt of the same from the petitioner. The
Scrutiny Committee is directed to decide the caste claim of the petitioner,
within eighteen months from the receipt of the same. The services of the
petitioner are protected till his caste claim is decided. If the petitioner
fails to submit the caste certificate to the respondent no.2, the respondent
no.2 is free to take appropriate action against the petitioner.
Rule is made absolute in the aforesaid terms with no order
as to costs.
JUDGE JUDGE
Wadkar
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C E R T I F I C A T E
I certify that this judgment uploaded is a true and correct
copy of original signed judgment.
Uploaded by : S.S. Wadkar, P.S. Uploaded on : 07/10/2016
