Santosh S/O Arjun Gonnade vs Vice-Chairman And Joint ...
2016 Latest Caselaw 5983 Bom

                                                        1                          wp5472.16.odt

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH AT NAGPUR




                                                                                        
                              WRIT PETITION NO.5472/2016




                                                                
            Santosh s/o Arjun Gonnade,
            aged 44 years, Occ. Service, 
            r/o Plot No. 43, Ganesh Nagar,
            Nagpur.                                              .....PETITIONER




                                                               
                              ...V E R S U S...

     1.     Vice-Chairman and Joint
            Commissioner, Scheduled Tribe




                                                
            Certificate Scrutiny committee,
            Adiwasi Vikas Bhavan, Giripeth, Nagpur.
                             
     2.     Education Officer (Secondary),
            Zilla Parishad, Nagpur.
                            
     3.     Secretary, Indira Education Society,
            Piwali Nadi, Kamptee Road, Nagpur.                   ...RESPONDENTS
      

     -----------------------------------------------------------------------------------------------
     Mr. S. R. Narnaware, Advocate for petitioner.
   



     Mr. M. N. Ekare, A.G.P. for respondent nos. 1 and 2.
     Mr. A. A. Naik, Advocate for respondent no.3.
     -----------------------------------------------------------------------------------------------





                     CORAM:-  B. R. GAVAI &    V. M. DESHPAND E, JJ.

DATED :-

OCTOBER 13, 2016

ORAL JUDGMENT (Per : B. R. GAVAI, J.)

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

of the parties.

2. The petitioner has approached this Court for protection of

his services in view of judgment of the Larger Bench of this Court in

2 wp5472.16.odt

Arun s/o Vishwanath Sonone..vs..State of Maharashtra and

others; 2015 (1) Mh. L. J. 457.

3. The petitioner claiming to be belonging to Halba

Scheduled Tribe came to be appointed as Assistant Teacher on

30.12.1999 against the post reserved for the Scheduled Tribe. Since

the petitioner was appointed against the Scheduled Tribe, his claim

came to be referred to the respondent no.1-Committee for

considering its validity. By the impugned order, the same is rejected

on the ground that some of the documents of the forefathers of the

petitioner shows the caste to be Koshti.

4 The Apex Court in the case of State of Maharashtra ..vs..

Milind and ors; (2001) 1 SCC 4 taking into consideration the

peculiar circumstances and facts of Halba-Koshti castes, had

protected all such admissions and appointments prior to the date of

the said judgment i.e. 28.11.2000. Admittedly, the petitioner is

appointed prior to the aforesaid judgment.

Apart from that, Full Bench of this Court in Arun s/o

Vishwanath Sonone (supra) also held that all such persons who are

appointed against the reserved post and against whom no finding of

3 wp5472.16.odt

fraud is recorded by the Scrutiny Committee, are entitled to

protection of their services.

Mr. Narnaware, learned counsel for the petitioner fairly

states that there is no adverse report against the petitioner in his

service record.

5. In that view of the matter, we find that the petition

deserves to be allowed. Rule is made absolute in terms of prayer

clause (i) of the petition. No order as to costs.

                          (V. M. Deshpande, J.)                   (B. R. Gavai, J.)
      


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