Case Note & Summary
The petitioner, Chandrashekhar s/o Narayanrao Khodwe, filed a writ petition before the Bombay High Court, Nagpur Bench, seeking protection of his services pending the decision on his caste claim by the Caste Scrutiny Committee. The petitioner was employed as a teacher and his appointment was based on his claim of belonging to a Scheduled Tribe. The Caste Scrutiny Committee was yet to verify his tribe claim. The petitioner apprehended that his services might be terminated before the Committee decided his claim. The Court, after hearing the parties, passed a consent order directing the Caste Scrutiny Committee to decide the petitioner's caste claim within six months from the date the petitioner appears before it. The petitioner was directed to appear before the Committee on 27.1.2010. The Court further ordered that the petitioner's services shall remain protected till the decision of the Committee and thereafter depending on the decision. The rule was made absolute in the aforesaid terms.
Headnote
A) Service Law - Caste Claim Verification - Protection of Services - The petitioner sought protection of his services pending decision on his tribe claim by the Caste Scrutiny Committee. The Court directed the Committee to decide the claim within six months and ordered that the petitioner's services shall remain protected till the decision and thereafter depending on the decision. (Paras 3-4)
Issue of Consideration
Whether the petitioner's services should be protected pending decision on his caste claim by the Scrutiny Committee.
Final Decision
The Court directed the Caste Scrutiny Committee to decide the petitioner's caste claim within six months from the date the petitioner appears before it. The petitioner was directed to appear on 27.1.2010. The petitioner's services shall remain protected till the decision by the Caste Scrutiny Committee and thereafter depending on the decision. Rule made absolute.
Law Points
- Caste claim verification
- protection of services pending scrutiny
- time-bound decision by Scrutiny Committee
