Santosh S/O Kisanrao Rane vs Schedule Tribe Caste Certificate ...
2016 Latest Caselaw 6264 Bom

                                                      1
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                   
                                 NAGPUR BENCH, NAGPUR




                                                           
                                   WRIT PETITION NO.5556 OF 2016.

             PETITIONER :                Santosh Kisanrao Rane,
                                         aged about 41 years, Occu: Service,




                                                          
                                         R/o Samda,Tq.Daryapur, Distt.
                                         Amravati.

                                                      ..VERSUS..




                                             
             RESPONDENTS:  1. Scheduled Tribe Caste Certificate Scrutiny 
                              Committee through its Member Secretary, 
                              
                              Bhatkuli Road, Distt.Amravati.

                                        2.   The District Maleria Officer, 
                             
                                             Near Dafrin Hospital, Amravati,
                                             Distt.Amravati.

             -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
      

             Mr.S.D.Khati, Advocate for the petitioner.
             Mr.M.K.Pathan, AGP for the respondent nos.1 and 2.
   



             =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                                                 CORAM:     B.R.GAVAI AND
                                                                 V.M.DESHPANDE, JJ.

DATE : 21ST OCTOBER, 2016.

ORAL JUDGMENT (Per B.R.Gavai, J.)

1. Rule. Rule is made returnable forthwith. Heard

by consent of learned counsel for both the parties.

2. The petitioner has approached this Court praying

for protection of his services.

3. The petitioner was appointed as "Arogya Sevak"

against the post reserved for Scheduled Tribe.

4. The claim of the petitioner is invalidated on 24 th of

May, 2016. However, by rejecting the claim of the petitioner the

respondent no.1 - Caste Scrutiny Committee has not found any

fraud as against the petitioner.

5. Larger Bench of this Court in the case of Arun

Vishwanath Sonone ..vs.. State of Maharashtra, reported in

2015(1) Mh.L.J.457 has held that where a candidate has put

long years of service in the post reserved for Scheduled Tribe and

where by invalidating the caste claim, the Caste Scrutiny

Committee has not found any fraud against him, such candidate is

entitled to protection of his services.

6. In the present case, there is no finding of fraud as

against the petitioner. In that view of the matter, we find that

the petitioner's services are entitled to be protected in view of the

law laid down by Larger Bench of this Court in the case of Arun

Vishwanath Sonone ..vs.. State of Maharashtra (supra). Rule is,

therefore, made absolute in the following terms.

It is directed that petitioner's services as "Arogya

Sevak" shall stand protected. However, it is made clear that

petitioner would not be entitled to the benefit as a candidate

belonging to Scheduled Tribe.

                            JUDGE                                   JUDGE.




                                             
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