Bombay High Court
Kailash S/O Ramchandrarao ... vs State Of Maharashtra & 7 Others on 13 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.4181 of 2000
Writ Petition No.4222 of 2000
And
Writ Petition No.4223 of 2000
Writ Petition No.4181 of 2000
Ramrao son of Babaji Shegaye,
Aged 36 years,
B.Com., B.P.Ed., Physical Education
Teacher, employed in Vikas Vidyalaya,
Parsodi, Wardha Road, Nagpur,
C/o B.P. Dhande, Durga Nagar,
Manewada Cement Road,
Nagpur-24. ... Petitioner
Versus
1. State of Maharashtra,
through Secretary to Tribal
Welfare Department, Mantralaya,
Mumbai-32.
2. State of Maharashtra,
through the Secretary to General
Administration Department,
Mantralaya, Mumbai-32.
3. State of Maharashtra,
through the Secretary to Social
Welfare Department,
Mantralaya, Mumbai-32.
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4. The Director of Education,
Administrative Bldg.,
Opp. Mantralaya, Mumbai-32.
5. The Regional Director of Education
(Secondary), Nagpur.
6. The Divisional Social Welfare Officer,
Nagpur.
7. Vikas Vidyalaya, Parsodi,
Wardha Road, Nagpur,
through its Head Master.
8. The Vikas Education Society,
the Parent Society, who runs the
Vikas Vidyalaya, through its
Secretary, at Parsodi, Wardha
Road, Nagpur. ... Respondents
Writ Petition No.4222 of 2000
Kailash s/o Ramchandrarao Shrirame,
Aged 31 years,
Occupation : M.Sc., B.Ed. (Asstt. Teacher),
employed in Vikas Vidyalaya,
Parsodi, Wardha Rd., Nagpur,
Resident of C/o P.S. Dhande,
Plot No.23, Durga Nagar,
Manewada Cement Road,
Nagpur. ... Petitioner
Versus
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1. State of Maharashtra,
through Secretary to Tribal
Welfare Department, Mantralaya,
Mumbai-32.
2. State of Maharashtra,
through the Secretary to General
Administration Department,
Mantralaya, Mumbai-32.
3. State of Maharashtra,
through the Secretary to Social
Welfare Department,
Mantralaya, Mumbai-32.
4. The Director of Education,
Administrative Bldg.,
Opp. Mantralaya, Mumbai-32.
5. The Regional Director of Education
(Secondary), Nagpur.
6. The Divisional Social Welfare Officer,
Nagpur.
7. Vikas Vidyalaya, Parsodi,
Wardha Road, Nagpur,
through its Head Master.
8. The Vikas Education Society,
the Parent Society, who runs the
Vikas Vidyalaya, through its
Secretary, at Parsodi, Wardha
Road, Nagpur. ...Respondents
Writ Petition No.4223 of 2000
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Nilkanth s/o Manikrao Solanke,
Aged about years,
Peon, employed in Vikas
Vidyalaya, Parsodi, Wardha Road,
Nagpur,
Resident of Plot No.16,
Mahakali Nagar, Manewada
Ring Road, Near Graveyard,
Nagpur. ... Petitioner
Versus
1. State of Maharashtra,
through Secretary to Tribal
Welfare Department, Mantralaya,
Mumbai-32.
2. State of Maharashtra,
through the Secretary to General
Administration Department,
Mantralaya, Mumbai-32.
3. State of Maharashtra,
through the Secretary to Social
Welfare Department,
Mantralaya, Mumbai-32.
4. The Director of Education,
Administrative Bldg.,
Opp. Mantralaya, Mumbai-32.
5. The Regional Director of Education
(Secondary), Nagpur.
6. The Divisional Social Welfare Officer,
Nagpur.
7. Vikas Vidyalaya, Parsodi,
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Wardha Road, Nagpur,
through its Head Master.
8. The Vikas Education Society,
the Parent Society, who runs the
Vikas Vidyalaya, through its
Secretary, at Parsodi, Wardha
Road, Nagpur. ... Respondents
In all petitions :
None for Petitioners.
Shri V.P. Maldhure, Assistant Government Pleader for
Respondent Nos.1 to 6.
Shri A. Shelat, Advocate for Respondent Nos.7 and 8.
Coram : R.K. Deshpande & Mrs. Swapna Joshi, JJ.
th
Dated : 13 June, 2017
Oral Judgment (Per R.K. Deshpande, J.) :
1. The basic challenge in all these petitions is that the State
Government was not competent to refer the caste/tribe claims of
the employees working in private aided Schools to the Scrutiny
Committee. The petitioners in all these petitions are out of
employment. This is what has been informed by Shri Shelat, the
learned counsel appearing for the respondent Nos.7 and
8/Management.
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2. In view of coming into force of the Maharashtra Act
No.23 of 2001, the reliefs claimed in these petitions have become
infructuous. The legislation has been brought into force, which is
applicable even to the employees working in the private aided
Schools. This Court has refused to grant interim relief staying
the reference of the matter to the Scrutiny Committee for
verification of the caste claims of the petitioners. On the
contrary, there is a direction issued that the caste claims of the
petitioners be examined by the competent Scrutiny Committee.
Accordingly, the caste claims are examined and the same are
found to be invalidated. The invalidation of the caste claims is
not the subject-matter in all these petitions. Similarly, the
protection upon invalidation is also not the subject-matter in all
these petitions.
3. In view of all these subsequent events, the petitions have
become infructuous. The same are, therefore, dismissed as such.
Rule stands discharged. No order as to costs.
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4. We clarify that we have neither adjudicated on the
validity of the caste/tribe claims of the petitioners, nor have
considered the claim for protection in service.
JUDGE JUDGE
Lanjewar
