Bombay High Court
Kalpana W/O Vijay Tapke (Maiden ... vs The Chief Executive Officer, ... on 5 April, 2017
Bench: B.R. Gavai
1 WP1171-17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No.1171/2017
...
Kalpana w/o Vijay Tapke,
(Maiden name Ku. Kalpana d/o
Shaligram Dholwade),
Aged about 32 years,
Occupation: Service,
Assistant Teacher,
R/o New Khetan Nagar,
Kaulkhed, Dist. Akola. .. PETITIONER
.. Versus ..
1. The Chief Executive Officer,
Zilla Parishad, Akola.
2. The Scheduled Tribe Certificate
Scrutiny Committee, Amravati
Division, Amravati through its
Chairman, Irwin Square,
Amravati. .. RESPONDENTS
Mr. S.G. Joshi, Advocate for Petitioner.
Mr. K.S. Malokar, Advocate for Respondent No.1.
Mr. D.P.Thakre, Additional Government Pleader for Respondent
No.2.
....
CORAM : B.R. Gavai & A.S. Chandurkar, JJ.
DATED : April 05, 2017.
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ORAL JUDGMENT (per B.R. Gavai, J. )
1. Rule. Rule made returnable forthwith. Heard finally
by consent of learned counsel appearing for the parties.
2. By way of present writ petition, the petitioner has
though challenged the order of the Scheduled Tribe Certificate
Scrutiny Committee dated 08.12.2016 thereby invalidating the
claim of the petitioner of belonging to Koli Mahadeo Scheduled
Tribe, the petitioner has given up the said claim and has
restricted her claim in the petition for protection of her
services.
3. The petitioner came to be appointed as Assistant
Teacher in the respondent- Zilla Parishad in the year 1997.
Since the petitioner was appointed against the post reserved
for Scheduled Tribe category, her claim was referred to the
Scrutiny Committee for verification. The Scrutiny Committee
found that the petitioner failed to prove her claim and as such
invalidated the claim.
4. The petitioner has in the meantime, also obtained a
certificate of belonging to Koli caste which is included in
3 WP1171-17.odt
Special Backward Category. The same is also validated by the
Scrutiny Committee.
5. The Larger Bench of this Court in the case of Arun
Sonone .vs. State of Maharashtra , reported in 2015 (1)
Maharashtra Law Journal 457, has held that if the candidate
has put in number of years of service and there is no finding of
fraud, such a candidate is entitled to protection of his/her
services. The petitioner has put in more than 20 yeas of service
and as such is entitled to the benefit of the judgment of the
Larger Bench of this Court rendered in Arun Sonone (Supra).
6. In that view of the matter, Rule is made absolute in
terms of prayer clause (iv). The petitioner shall file an
undertaking within a period of two weeks' from today stating
therein that neither the petitioner nor her progeny will claim
any benefit of belonging to Scheduled Tribe Category. The
petitioner shall be considered to be a candidate belonging to
Special Backward Category. No costs.
(A.S. Chandurkar, J. ) (B.R. Gavai, J.)
...
halwai/p.s.
