Bombay High Court
Ku. Sangita D/O Ramdas Bahirseth ... vs Vice-Chairman And Joint ... on 17 April, 2017
Bench: B.R. Gavai
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Writ Petition No. 1389 of 2017
Ku. Sangita daughter of Ramdas
Bahirseth [Sau. Sangita
Tarachand Barwad],
aged about 41 years,
occupation - service,
resident of C/o Dilip Shamraoji
Bahirseth,
Ward No.3, near Kolbaswami
Deosthan Math, Ghorad Road,
Seloo,
Tq. Seloo, Distt. Wardha-442 104. ..... Petitioner.
Versus
1. Vice-chairman & Joint
Commissioner,
Scheduled Tribe Certificate
Scrutiny Committee,
Adiwasi Vikas Bhavan,
Giripeth, Nagpur.
2. Chief Executive Officer,
Raigad Zilla Parishad,
Alibag, Distt. Raigad.
3. Education Officer [Primary],
Raigad Zilla Parishad,
Alibag, Distt. Raigad. .... Respondents.
*****
Mr. S. R. Narnaware, Adv., for the petitioner.
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Mr. Balpande, Asstt. Govt. Pleader for respondent no.1.
*****
CORAM : B. R. GAVAI AND
A. S. CHANDURKAR, JJ.
Date : 17th April, 2017
ORAL JUDGMENT [Per A.S. Chandurkar, J.]:
01. Rule. Heard finally with consent of counsel for the parties.
02. Notice for final disposal was issued on 8th March, 2017
making the same returnable on 10th April, 2017. On the returnable
date, the respondent nos. 2 and 3 did not appear and hence the matter
was adjourned by one week to grant an opportunity to the said
respondents. Today also, there is no appearance on behalf of the
respondent nos. 2 and 3.
03. By this Writ Petition, the petitioner seeks protection of her
services by relying upon the judgment of the Full Bench of this Court in
Arun Vishwanath Sonone Vs. State of Maharashtra & others
[2015 (1) Mh. L.J. 457].
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04. The petitioner claims to have been appointed as Assistant
Teacher on 23rd November, 1995 on a vacancy reserved for Scheduled
Tribes category. It is her case that she belongs to "Halba" - Scheduled
Tribe and was issued a Caste Certificate to that effect. In the year
2011, her caste claim was forwarded to the Scrutiny Committee for its
verification. By order dated 22nd February, 2017, the caste claim has
been invalidated. Shri Narnaware, learned counsel for the petitioner,
at the outset, submits that the petitioner does not desire to prosecute
her caste claim of belonging to "Halba" - Scheduled Tribe. He submits
that there is no finding recorded in the impugned order that the
documents on which petitioner had relied were obtained by fraud or
misrepresentation. He submits that as the petitioner was appointed in
the year 1995 which is prior to the cut off date of 17th October, 2001,
her services deserve to be protected.
05. Shri Balpande, learned Asstt. Govt. Pleader, appears for the
respondent no.1. He does not dispute that in the order passed by the
Scrutiny Committee, there is no finding recorded that the petitioner
has relied upon any documents which can be said to be obtained by
fraud or misrepresentation.
06. Considering the law laid down by the Full Bench in the
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aforesaid judgment and as the petitioner has been appointed prior to
the cut off date, we are inclined to protect her services.
07. Accordingly, it is declared that the services of the petitioner
as Assistant Teacher with the respondent no.3 shall stand protected
subject to the petitioner filing an undertaking in this Court within a
period of four weeks from today stating that neither she nor her
progeny shall claim any benefit of belonging to "Halba" - Scheduled
Tribe.
08. Rule is made absolute in aforesaid terms. No costs.
Judge Judge
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