Bombay High Court
Vijay Shivaji Salunke vs Scheduled Tribe Certificate ... on 5 January, 2018
Bench: S.V. Gangapurwala
1
UNREPORTED
IN THE HIGH COURT OF JUDICATURE
AT BOMBAY
BENCH AT AURANGABAD.
WRIT PETITION NO.2487 OF 2012
WITH
CIVIL APPLICATION NO.3905 OF 2017
WITH
CIVIL APPLICATION NO.4572 OF 2012.
IN
WRIT PETITION NO.2487 OF 2012.
Vijay Shivaji Salunke,
Age years, Occ.Service,
R/o Shinde Shingi Nagar,
Yeola Road, Kopergaon,
Dist.Ahmednagar. ... Petitioner.
Versus
1. Scheduled Tribe Certificate
Scrutiny Committee,
Nashik Division, Nashik,
through its Member Secretarly.
2. Divisional Controller,
Ahmednagar Division,
Maharashtra State Road
Transport Corporation,
Ahmednagar, Dist.
Ahmednagar. ... Respondents.
...
Mr.S.S.Phatale, advocate holding for
Mr.R.R.Karpe, advocate for the Petitioner.
Mr.G.O.Wattamwar, A.G.P. for the State.
Mr.B.S.Deshmukh, advocate for Respondent No.2.
...
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2
CORAM : S.V.GANGAPURWALA AND
ARUN M. DHAVALE,JJ.
Date : 05.01.2018.
ORAL JUDGMENT (Per S.V.Gangapurwala,J.)
1. Rule. Rule returnable forthwith. With
the consent of the parties the petition is taken
up for final haring.
2. The petitioner herein is appointed as a
Conductor by the Respondent No.2 on or about
1.11.1989. It is the contention of petitioner
that on 30.5.2000, the petitioner is promoted as
Traffic Controller and on 9.11.2011, after the
petitioner passed Departmental examination for
promotion, the petitioner is promoted as
Assistant Traffic Inspector. The petitioner was
directed to submit the validity certificate
having been promoted from reserved category. The
Scrutiny Committee rejected the claim of the
petitioner on the ground that the caste
certificate obtained by the petitioner from the
Tahsildar, Shrirampur, was without jurisdiction.
3. Mr.Phatale, learned counsel submits
that the petitioner had obtained the fresh caste
certificate from S.D.O., Jalgaon on 20.10.2015
and has submitted proposal to the Committee for
validation. In the interregnum, Respondent No.2
issued order of reversion. This Court on
11.5.2012 in C.A.No.4572/2012 granted ad-interim
relief in terms of prayer clause B, thereby
granting stay to the reversion.
4. Mr.Deshmukh, learned counsel submits
that the petitioner having been promoted from
reserved category and upon invalidation of his
claim, is rightly reverted. No error is caused.
Even the said promotion is temporary in nature.
5. We have heard learned A.G.P. also.
6. It is a matter of record that the
proposal submitted by the petitioner for
verification of his caste claim is rejected only
on the ground that the caste certificate is
issued by an incompetent authority. From the
documents filed on record, it transpires that the
petitioner has obtained the caste certificate
from SDO, Jalgaon and as contended by the
petitioner has submitted fresh proposal for
verification of his caste claim. The said
proposal is pending with the Committee.
7. In view of the fact that the
invalidation of the caste certificate was not on
merits and this Court has already protected the
petitioner and the implementation of the order of
reversion is stayed by this Court way back in May
2012, we feel it expedient to pass the following
order :
a) The order reverting the petitioner is
quashed and set aside.
b) The Respondent Committee shall decide
the validation proceedings in respect of the
caste claim of the petitioner expeditiously,
preferably within nine (9) months. The
petitioner shall cooperate in expeditious
disposal of the said proceedings. The petitioner
shall appear before the Committee on 29.1.2018.
c) The Respondent No.2 employer can take
further course of action depending upon the
judgment that would be delivered by the Committee
in the validation proceedings.
d) Rule accordingly made absolute in above
terms. No costs.
e) In view of disposal of Writ Petition,
the Civil Applications also stand disposed of.
Sd/- Sd/-
(ARUN M.DHAVALE,J.) (S.V.GANGAPURWALA,J.)
asp/office/wp2487.12
