Jaishree W/O Ashokrao Kshirsagar ... vs Vice-Chairman And Joint ...
2016 Latest Caselaw 6308 Bom

                                                      1
                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY




                                                                                   
                                 NAGPUR BENCH, NAGPUR




                                                           
                                   WRIT PETITION NO.5753 OF 2016.

             PETITIONER :                Jaishree w/o Ashokrao Kshirsagar
                                         (Ku.Jaishree d/o Bhagwantrao Bhorkar)




                                                          
                                         aged about 48 years, Occu: Service,
                                         R/o C/o B.M.Bhorkar, Plot No.31, 
                                         Chakradhar Nagar, Opp.Ayodhya Nagar 
                                         Post Office, Nagpur - 440014.




                                             
                                                      ..VERSUS..
                              
             RESPONDENTS:  1. Vice -Chairman and Joint Commissioner,
                              Scheduled Tribe Certificate Scrutiny 
                              Committee, Adiwasi Vikas Bhavan,
                             
                              Giripeth, Nagpur.

                                        2.   Head-Mistress,
                                             Siddheshwar Vidyalaya, 
      


                                             Mahatma Fule Nagar, Manewada
                                             Road, Nagpur.
   



             -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
             Mr.S.R.Narnaware, Advocate for the petitioner.
             Mr.A.M.Balpande, AGP for respondent no.1.





             Mr.N.D.Khamborkar, Advocate for respondent no.2.
             =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
                                                 CORAM:     B.R.GAVAI AND
                                                                 V.M.DESHPANDE, JJ.

DATE : 24ST 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 was appointed in the respondent

no.2 - School as an Assistant Teacher against the post

reserved for Scheduled Tribe. Since the petitioner claims to

be appointed against the post reserved for Scheduled Tribe,

her caste claim was forwarded to respondent no.1 -

Committee for verifying the same.

3. The petitioner has restricted her claim only for grant of

protection of her services in view of the judgment of the Larger

Bench in the case of Arun Vishwanath Sonone ..vs.. State of

Maharashtra, reported in 2015(1) Mh.L.J.457.

4. The learned counsel for the respondent nos.1 and 2

fairly concede that there is no finding of fraud in the order passed

by respondent no1 - Scrutiny Committee.

5. 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.

6. It is directed that petitioner's services 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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