Bombay High Court
Rajaram S/O Namdev Devkar vs Shivaji Education Society, Through ... on 2 September, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:9913-DB
1 wp1368.18
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1368 OF 2018
Rajaram s/o Namdev Devkar,
Age 47 years, Occupation - Service,
R/o Chandol, Tq. District Buldhana. .... PETITIONER
VERSUS
1) Shivaji Education Society,
Amravati, through Secretary,
Camp Amravati, Tq. District Amravati.
2) State of Maharashtra,
through its Education officer (Secondary),
Buldhana, Tq. District Buldhana. .... RESPONDENTS
______________________________________________________________
Mr. M.V. Bute, Counsel for the petitioner,
Mr. K.P. Mahalle, Counsel for respondent No.1,
Mr. A.M. Kadukar, AGP for respondent No.2.
______________________________________________________________
CORAM : NITIN W. SAMBRE
& ABHAY J. MANTRI, JJ.
DATED : 2nd SEPTEMBER, 2024
ORAL JUDGMENT : (Per : NITIN W. SAMBRE, J.)
Heard. Rule. Rule is made returnable forthwith by consent of
the learned Counsel for the parties.
2. The challenge is to the notice dated 20-11-2017 issued by
respondent No.1 employer as it is claimed that the petitioner's
appointment was from Scheduled Tribe category and the petitioner has
failed to produce the Validity Certificate.
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3. Mr. M.V. Bute, learned Counsel appearing for the petitioner would
urge that the petitioner has submitted the Caste Certificate dated
03-7-2003 issued by the Sub-Divisional Officer, Buldhana certifying that
the petitioner belongs to 'Koli', which is a Special Backward Class.
According to the learned Counsel Mr. M.V. Bute, the order of
appointment issued in favour of the petitioner does not speak his
appointment was from the reserved category. He would substantiate
his contention from the appointment order No.4013/1997 dated
08-1-1997. He would further claim that the appointment of the
petitioner was duly approved as an Assistant Teacher without
mentioning the category in which the petitioner was appointed.
4. In this background, it is claimed that respondent No.2 vide
communication dated 24-4-2007, based on the caste certificate dated
03-7-2003, has considered and allowed the claim of the petitioner of
being appointed from Special Backward Class Category. That being so,
it is claimed that the impugned order is not sustainable.
5. Mr. M.V. Bute, learned Counsel appearing for the petitioner would
draw support from the judgment in the matter of Miss Sudha d/o
Vasant Balsaraf v. Shivaji Education Society, Amravati and others
decided on 11-3-2020 so as to claim that the issue is squarely covered.
3 wp1368.18
6. As against above, Mr. K.P. Mahalle, learned Counsel appearing for
respondent No.1 through pursis dated 02-9-2024 has placed on record
the true copy of the Resolution No.1 dated 06-10-1996 so as to claim
that the issuance of order impugned is justified as the selection and
appointment of the petitioner was from Scheduled Tribe category.
Accordingly, he would urge that in view of the mandate provided under
the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes
(Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special
Backward Category (Regulation of Issuance and Verification of) Caste
Certificate Act, 2000, it is mandatory that the petitioner must produce
the validity certificate, failing which the services of the petitioner are
required to be terminated.
7. Mr. A.M. Kadukar, the learned Assistant Government Pleader
would urge for passing of appropriate order in the facts of the case.
8. We are appreciated the submissions.
9. The documents which are produced on record in the form of
Caste Certificate dated 03-7-2003, the appointment order dated
08-1-1997, the approval order passed by the Education Officer,
establish that the petitioner was appointed from Special Backward Class
category and not from the Scheduled Tribe category.
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10. Had it been the case that the petitioner's appointment was
pursuant to the Resolution No.1 dated 06-10-1996 as has been
produced by the learned Counsel Mr. K.P. Mahalle, the said would have
been reflected not only in the appointment order but also in the service
book of the petitioner.
11. In the aforesaid background, it cannot be said that the selection
and appointment of the petitioner was from Scheduled Tribe category.
Rather the petitioner's appointment was from Special Backward Class
category.
12. That being so, we deem it appropriate to allow the present
petition thereby quashing and setting aside the impugned order dated
20-11-2017. We hereby declare that the appointment of the petitioner
is from Special Backward Class category and accordingly entitled for
the consequential benefits.
(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.)
adgokar
Signed by: MR. P.M. ADGOKAR
Designation: PS To Honourable Judge
Date: 03/09/2024 19:07:11
