Case Note & Summary
The petitioner, Ms. Chitra Sonarghare, filed a writ petition challenging a clause in an advertisement dated 26-12-2019 published by Zilla Parishad, Gadchiroli, which required applicants for posts reserved for Scheduled Tribe candidates to produce a caste validity certificate at the time of selection and appointment. The petitioner argued that this clause was contrary to Section 3 of 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. The court examined the provision and found that Section 3 explicitly states that no appointment to any service or post in the State government or local authority shall be made on the basis of a claim of belonging to a Scheduled Tribe unless the candidate produces a caste validity certificate. The court also noted that the Government Resolution dated 15-06-1995 and Circular dated 02-05-2012 require such certificates to be produced at the time of selection. The court held that the clause in the advertisement was in conformity with the Act and dismissed the petition with no order as to costs.
Headnote
A) Service Law - Caste Validity Certificate - Mandatory Requirement - Section 3 of 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 - The petitioner challenged a clause in the advertisement requiring caste validity certificate for selection and appointment against ST reserved posts. The court held that Section 3 of the Act mandates production of caste validity certificate for appointment against reserved posts, and the clause is not contrary to the Act. The petition was dismissed. (Paras 1-5)
Issue of Consideration
Whether the clause in the advertisement dated 26-12-2019 requiring production of caste validity certificate from applicants for selection and appointment against posts reserved for Scheduled Tribe category is contrary to Section 3 of 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.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- Caste validity certificate mandatory for appointment against reserved posts
- Section 3 of Maharashtra Act 23 of 2001
- No interim appointment without validity certificate
- Government Resolution dated 15-06-1995
- Circular dated 02-05-2012
Case Details
2020 LawText (BOM) (01) 136
Writ Petition No.56 of 2020
R.K. Deshpande, A.S. Chandurkar
Shri Nitin Meshram and Shri S.D. Borkute for Petitioner, Smt. S.S. Jachak, Assistant Government Pleader for Respondent Nos.1 and 2
Ms. Chitra D/o Udaram Sonarghare (after marriage Mrs. Chitra W/o Durgesh Gadikar)
The State of Maharashtra through its Chief Secretary, The State of Maharashtra through its Principal Secretary Rural Development and Panchayat Raj, Zilla Parishad Gadchiroli through its Chief Executive Officer
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Nature of Litigation
Writ petition challenging a clause in an advertisement requiring caste validity certificate for selection and appointment against posts reserved for Scheduled Tribe category.
Remedy Sought
The petitioner sought quashing of the clause in the advertisement dated 26-12-2019 requiring production of caste validity certificate.
Filing Reason
The petitioner claimed that the clause was contrary to Section 3 of 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.
Issues
Whether the clause in the advertisement requiring caste validity certificate for selection and appointment against ST reserved posts is contrary to Section 3 of the Maharashtra Act 23 of 2001.
Submissions/Arguments
Petitioner argued that the clause is contrary to Section 3 of the Act.
Respondents supported the clause as per the Act and Government Resolutions.
Ratio Decidendi
Section 3 of 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 mandates that no appointment to any service or post in the State government or local authority shall be made on the basis of a claim of belonging to a Scheduled Tribe unless the candidate produces a caste validity certificate. The clause in the advertisement requiring such certificate is in conformity with the Act and is valid.
Judgment Excerpts
The petition challenges a clause in the advertisement dated 26-12-2019 published by Zilla Parishad, Gadchiroli, which requires production of caste validity certificate from the applicants desirous of getting selection and appointment against the post reserved for Scheduled Tribe category.
The ground of challenge is that such a clause is contrary to the provision of Section 3 of 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.
Section 3 of the said Act provides that no appointment to any service or post in the State Government or local authority shall be made on the basis of a claim of belonging to a Scheduled Tribe unless the candidate produces a caste validity certificate.
The clause in the advertisement is in conformity with the said provision and the petition is devoid of merit.
Procedural History
The writ petition was filed on an unspecified date, heard on 6th January 2020, and judgment pronounced on 15th January 2020.
Acts & Sections
- 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: Section 3
