Bombay High Court
Sachin S/O Jaipal Raut vs The State Of Maharashtra,Revenue ... on 25 October, 2021
Bench: S.B. Shukre, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 4226 OF 2021
Sachin s/o Jaipal Raut
Vs.
State of Maharashtra and others
__________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri Ashwin Deshpande, Advocate for petitioner.
Ms. Ketki Joshi, GP for respondents/State.
CORAM : SUNIL B. SHUKRE AND
A.L. PANSARE, JJ.
DATE : 25th OCTOBER, 2021.
Leave to amend the petition including the
prayer clause to the extent of mentioning the correct
citation of the Supreme Court judgment.
2. Heard learned counsel for the petitioner.
3. He submits that the petitioner's date of
appointment, 29.11.2019 as Talathi, was the date which
fell between the period from 14.08.2018 and
18.12.2020 and appointments made in this period, it is
further submitted, are duly protected by the Apex Court.
4. The learned counsel for the petitioner further
submitted that the Apex Court in its judgment rendered
in the case of State of Maharashtra and Ors. vs. Keshao
11.wp4226.2021.odt
Vishwanath Sonone and Ors., reported in 2021 (4)
All.M.R. 784 (SC) (paragraph Nos.100 and 101) has
directed that the admission taken and employment
secured by the members of "Gowari" community on the
basis of "Scheduled Tribe Certificate" granted to them
between the aforestated period, shall be allowed to
retain the benefit of 'Schedule Tribe' obtained by such a
candidate.
5. According to the learned counsel for the
petitioner, although claim of the petitioner as he
belonging to 'Gowari-Schedule Tribe' has been
invalidated by the Scrutiny Committee, the fact remains
that the 'Schedule Tribe Certificate' has been issued to
him between 14.08.2018 and 18.12.2020 and therefore,
as directed by the Hon'ble Supreme Court, (paragraph
No.101), the service of the petitioner stands protected.
6. Issue notice for final disposal at the
admission stage to the respondents, returnable on 17th
November, 2021.
7. Ms. Ketki Joshi, learned GP waives service of
notice for respondent Nos.1 to 3.
8. At this stage, the prayer for interim relief has
been made, which is opposed by the learned GP.
11.wp4226.2021.odt
9. We are of the view that words 'Schedule
Tribe Certificate', used in paragraph No.101 of the
judgment of the Apex Court require interpretation. The
interpretation required would be as to whether or not
the certificate issued by the concerned SDO/Deputy
Collector is to be taken as the document for applying the
directions of the Supreme Court appearing in paragraph
No.101 or the certificate issued by the SDO/Deputy
Collector, which is validated by the Tribe Scrutiny
Committee should be taken as the document for
extending the protection given by the Apex Court in
terms of paragraph No.101 of the judgment.
10. Presently, we are not inclined to issue any
interim directions as there appears to be no reasonable
threat to the service of the petitioner. However, if any
notice affecting service is issued to the petitioner, we
grant liberty to the petitioner to mention the matter for
early circulation.
Stand over to 17th November, 2021, for final
disposal at admission stage.
JUDGE JUDGE
Prity
