Bombay High Court
Dr. Syed Riyazuddin Syed ... vs District Caste Cert. Scrutiny ... on 10 April, 2017
Bench: B.R. Gavai
1 wp487.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 487 OF 2017
with
CONTEMPT PETITION NO. 41 OF 2017 IN
WRIT PETITION NO.487 OF 2017
1) WRIT PETITION NO. 487 OF 2017 :
Dr. Syed Riyazuddin Syed Nizamuddin,
Aged about 57 years, Occ. Service,
r/o. Gajanan Colony, Khamgaon,
Tq. Khamgaon, Distt. Buldhana. .......... PETITIONER
// VERSUS //
1. District Caste Certificate Scrutiny
Committee, Social Justice Bhavan,
Trisharan Chowk, Chikhali Road,
Buldhana, through it's Research
Officer and Member-Secretary.
2. The Principal,
Gulam Nabi Azad Arts,
::: Uploaded on - 13/04/2017 ::: Downloaded on - 14/04/2017 00:59:50 :::
2 wp487.17.odt
Commerce and Science College,
Barshitakli, Distt. Akola. ........... RESPONDENTS
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr.S.R.Narnaware, Advocate for the Petitioner.
A.G.P. for Respondent No.1.
Mr.R.D.Karode, Advocate for Respondent No.2.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
******
2) CONTEMPT PETITION NO. 41 OF 2017 IN
WRIT PETITION NO.487 OF 2017
Dr. Syed Riyazuddin Syed Nizamuddin,
Aged about 57 years, Occ. Service,
r/o. Gajanan Colony, Khamgaon,
Tq. Khamgaon, Distt. Buldhana. .......... PETITIONER
// VERSUS //
Dr. Madhukar R. Pawar,
Principal, Gulam Nabi Azad
Arts, Commerce and Science
College, Barshitakali, Distt.
Akola. ........... RESPONDENTS
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
Mr.S.R.Narnaware, Advocate for the Petitioner.
Mr.R.D.Karode, Advocate for Respondent No.1.
-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
::: Uploaded on - 13/04/2017 ::: Downloaded on - 14/04/2017 00:59:50 :::
3 wp487.17.odt
CORAM : B.R.GAVAI
& A.S.CHANDURKAR, JJ.
DATE : 10.4.2017.
ORAL JUDGMENT (Per B.R.Gavai, J) :
1. Rule. Rule is made returnable forthwith. Heard by consent.
2. The petitioner has approached this Court being aggrieved by
the communication addressed by respondent no.2 thereby directing
him to submit Validity Certificate of belonging to Scheduled Caste and
informing him that, on non-submission of the same, his services shall
stand terminated.
3. The petitioner belongs to caste 'Madari', which is notified as
a Scheduled Caste. The petitioner has been appointed as an Assistant
Professor against the post reserved for Scheduled Caste Candidate.
The petitioner has also been granted Caste Certificate certifying that
he belongs to Scheduled Caste. However, respondent no.1/Committee
has refused to consider the claim of the petitioner for grant of Validity
4 wp487.17.odt
on the ground that the petitioner does not belong to 'Hindu' religion,
but belongs to 'Muslim' religion and as such, his claim cannot be
considered.
4. Mr.S.R.Narnaware, learned Counsel for the petitioner
submits that the issue with regard to the question as to whether the
persons professing the Muslim religion and the Christian religion are
entitled to the benefits of Scheduled Caste are pending ad judication
before the Apex Court and as such, the petitioner should be granted
protection.
5. However, in the peculiar facts and circumstances of the case
and particularly, since respondent no.2/Management has no objection
for continuation of the petitioner's services, we find that the interest of
justice would be sub-served if the petitioner's services are protected.
We are inclined to take this view since the petitioner is likely to retire
in this year itself. In that view of the matter, in the peculiar facts and
circumstances of the case, we direct that the petitioner's services shall
stand protected and he shall not be terminated on the ground of non-
submission of Validity Certificate.
5 wp487.17.odt
6. Needless to state that the petitioner shall be reinstated in
services forthwith. He shall be entitled to continue in service with all
backwages including pensionary benefits etc.
7. Rule is made absolute in the above terms. No order as to
costs.
8. In view of the orders passed in Writ Petition No.487 of
2017, nothing survives in Contempt Petition No.41 of 2017. Hence,
the same is disposed of.
JUDGE JUDGE
jaiswal
