2019 NearLaw (BombayHC Nagpur) Online 388
Bombay High Court

JUSTICE R. K. DESHPANDE JUSTICE S. M. MODAK

Dadaji s/o Tulshiram Gaikwad Vs. State of Maharashtra & Ors.

WRIT PETITION NO. 938 OF 2019

9th April 2019

Petitioner Counsel: Shri Shankar Borkute
Respondent Counsel: Ms. N. P. Mehta Shri V. G. Wankhede

The claim of the petitioner for Mana Scheduled Tribe, which is an entry in the cluster of tribes at Sr.
No18 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra, has been invalidated by an order dated 03/09/2018 by respondent No2 Scheduled Tribes Caste Scrutiny Committee, Gadchiroli, which is the subject matter of challenge in this petition.
Initially, we heard the matter on 05/02/2019 and speaking order was passed recording that the claim of the niece of the petitioner viz.
We have also gone through the order impugned in this petition and we find that all the documents produced by the petitioner, even those of the period prior to 1950, clearly indicate the caste of the blood relatives of the petitioner as Mana Scheduled Tribe.
The Committee has accepted its mistake in invalidating the caste claim of the petitioner and it is expressed in the reply filed on affidavit that the claim was wrongly invalidated.
The Committee has tendered an apology for such a mistake committed in passing the order, particularly when the Committee has issued Validity Certificate in the name of three blood relatives of the petitioner for Mana -Scheduled Tribe.
(i) The order dated 03/09/2018 passed by the Scrutiny Committed invalidating the claim of the petitioner is hereby quashed and set aside.
(ii) It is declared that the petitioner has established his claim for Mana Scheduled Tribe, which is an entry in the cluster of tribes at Sr.
(iv) It is apparent that the petitioner's service was terminated by respondent No3 - MSRTC on the ground that the claim of the petitioner for Mana Scheduled Tribe was invalidated.
(v) The appointment of the petitioner was against the post reserved for the Scheduled Tribe candidate and since this Court has declared the claim of the petitioner to be valid, we direct reinstatement of the petitioner in service in the post from which he was terminated.
(vii) The petitioner shall be granted continuity in service from the date of initial appointment for all purposes.
No18 in the Constitution (Scheduled Tribes) Order, 1950.
(iii) Accordingly, the Committee is directed to issue Caste Validity Certificate in the name of the petitioner within a period of three weeks from today.
(iv) It is apparent that the petitioner's service was terminated by respondent No3 - MSRTC on the ground that the claim of the petitioner for “Mana – Scheduled Tribe” was invalidated.
(v) The appointment of the petitioner was against the post reserved for the Scheduled Tribe candidate and since this Court has declared the claim of the petitioner to be valid, we direct reinstatement of the petitioner in service in the post from which he was terminated.
(vi) The order of reinstatement be passed by the respondent-employer within a period of two weeks from today.
(vii) The petitioner shall be granted continuity in service from the date of initial appointment for all purposes.
(viii) Rule is made absolute in the above terms with no order as to costs.

Cases Cited :

JUDGEMENT

R. K. Deshpande, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties.

2. The claim of the petitioner for “Mana – Scheduled Tribe”, which is an entry in the cluster of tribes at Sr. No.18 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra, has been invalidated by an order dated 03/09/2018 by respondent No.2 – Scheduled Tribes Caste Scrutiny Committee, Gadchiroli, which is the subject matter of challenge in this petition.

3. Initially, we heard the matter on 05/02/2019 and speaking order was passed recording that the claim of the niece of the petitioner viz. Ku. Rupali Bala Gaikwad was validated by issuing Validity Certificate on 06/10/2018. We have also gone through the order impugned in this petition and we find that all the documents produced by the petitioner, even those of the period prior to 1950, clearly indicate the caste of the blood relatives of the petitioner as “Mana – Scheduled Tribe”. The Committee has accepted its mistake in invalidating the caste claim of the petitioner and it is expressed in the reply filed on affidavit that the claim was wrongly invalidated. The Committee has tendered an apology for such a mistake committed in passing the order, particularly when the Committee has issued Validity Certificate in the name of three blood relatives of the petitioner for “Mana -Scheduled Tribe”.

4. In view of the above, the writ petition is allowed and the following order is passed:

(i) The order dated 03/09/2018 passed by the Scrutiny Committed invalidating the claim of the petitioner is hereby quashed and set aside.
(ii) It is declared that the petitioner has established his claim for “Mana – Scheduled Tribe”, which is an entry in the cluster of tribes at Sr. No.18 in the Constitution (Scheduled Tribes) Order, 1950.
(iii) Accordingly, the Committee is directed to issue Caste Validity Certificate in the name of the petitioner within a period of three weeks from today.
(iv) It is apparent that the petitioner's service was terminated by respondent No.3 - M.S.R.T.C. on the ground that the claim of the petitioner for “Mana – Scheduled Tribe” was invalidated.
(v) The appointment of the petitioner was against the post reserved for the Scheduled Tribe candidate and since this Court has declared the claim of the petitioner to be valid, we direct reinstatement of the petitioner in service in the post from which he was terminated.
(vi) The order of reinstatement be passed by the respondent-employer within a period of two weeks from today.
(vii) The petitioner shall be granted continuity in service from the date of initial appointment for all purposes.
(viii) Rule is made absolute in the above terms with no order as to costs.