Bombay High Court
Suryakant S/O. Anandrao Rodge vs Scheduled Tribe Caste ... on 6 January, 2022
Bench: A.S. Chandurkar, Pushpa V. Ganediwala
WP 1635-21 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1635/2021
Suryakant S/o Anandrao Rodge,
aged about 55 years, Occupation-Service,
R/o Plot No.56, Pushkarna Nagar,
Dhamangaon Railway, Distt. Amravati. PETITIONER
.....VERSUS.....
1. The Scheduled Tribe Caste Certificate
Scrutiny Committee,
through its Principal Secretary, Amravati - 414601.
2. The Principal,
Adarsha Science Jairamdas Bhagchand Arts
and Birla Commerce Mahavidyalaya,
Dhamangaon Railway, Distt. Amravati-444709.
3. The Secretary,
Dhamangaon Education Society,
Dhamangaon Railway, Distt. Amravati.
4. Sant Gadge Baba Amravati University, Amravati,
Through its Registrar. RESPONDENT S
Shri Nitin Meshram and Shankar Borkuta, counsel for the petitioner.
Ms N.P. Mehta, Assistant Government Pleader for the respondent no.1.
Shri A.S. Dhore, counsel for the respondent nos.2 & 3.
CORAM : A. S. CHANDURKAR AND SMT.PUSHPA V. GANEDIWALA, JJ.
DATE : 06TH JANUARY, 2022.
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel.
2. The challenge raised in this writ petition is to the common
order dated 17.03.2021 passed by the Caste Scrutiny Committee,
Amravati whereby the claim of the petitioner of belonging to Halbi
Scheduled Tribe has been invalidated.
WP 1635-21 2 Judgment
3. It is common ground that the brother as well as the sister of
the present petitioner had challenged the order passed by the Scrutiny
Committee in Writ Petition Nos.1638 of 2021 and 1639 of 2021. On
26.10.2021, this Court allowed the said writ petitions and after setting
aside the order passed by the Scrutiny Committee was pleased to remand
the proceedings for fresh adjudication. In view of the fact that the
common order insofar as two applicants has been set aside and the
present petitioner is a blood relative of those applicants, the same course
as followed in the aforesaid writ petitions would have to be adopted.
It is however submitted by the learned counsel for the
respondent nos.2 and 3 that on 27.04.2021 the services of the petitioner
on the post of Lecturer have been terminated for want of appropriate
validity certificate.
4. In the light of aforesaid, the order dated 17.03.2021 passed
by the Scrutiny Committee in the present proceedings is quashed and set
aside for the reasons assigned in Writ Petition Nos.1638 of 2021 and
1639 of 2021. Since it is found that the services of the petitioner were
terminated only on the ground of absence of validity certificate and as the
order passed by the Scrutiny Committee invalidating the tribe claim has
been set aside, it is directed that the services of the petitioner shall be
reinstated within a period of ten days from today. The continuation in
WP 1635-21 3 Judgment
service would be subject to the outcome of the proceedings before the
Scrutiny Committee. On the aspect of back wages from 27.04.2021 till
reinstatement, the said aspect shall be considered based on the outcome
of the proceedings before the Scrutiny Committee. The petitioner shall
appear before the Scrutiny Committee to enable adjudication of the tribe
claim on 24.01.2022 subject to any guidelines issued by the Scrutiny
Committee regarding physical presence. The Scrutiny Committee shall
decide the proceedings within a period of three months from the date of
first appearance of the parties before the Scrutiny Committee. It is made
clear that the claim of the petitioner shall be adjudicated on its own
merits and in accordance with law.
5. The writ petition is allowed in aforesaid terms and disposed
of. Rule accordingly. No costs.
(SMT.PUSHPA V. GANEDIWALA, J.) (A.S. CHANDURKAR, J.)
APTE
Signed By: Digitally signed
byROHIT DATTATRAYA
APTE
Signing Date:07.01.2022 11:26
