Case Note & Summary
The petitioner, Ku. Sangita Madan Ingle, filed a writ petition before the Bombay High Court at Nagpur seeking a direction for her provisional appointment to the post of Talathi, for which she had been selected, pending verification of her caste claim by the Scheduled Tribe Caste Certificate Scrutiny Committee. The petitioner was aged 20 years and belonged to Dongershevali, Tq. Chikhali, District Buldhana. The respondents included the State of Maharashtra, the Collector of Buldhana, and the Scrutiny Committee. The Court, after hearing the parties, issued a rule returnable forthwith and disposed of the petition with consent. The Court directed the Scrutiny Committee to decide the petitioner's caste claim within six months from the date fixed before the committee. In the interim, the Court directed the respondents to provisionally appoint the petitioner, who was admittedly selected for the post of Talathi, upon her furnishing an undertaking that she would not claim any benefit if her caste claim was not validated by the committee in accordance with Government Resolution No. STC-1006/PK 102/K.10 dated 30.8.2006. The Court made no order as to costs.
Headnote
A) Service Law - Caste Certificate Verification - Provisional Appointment - The petitioner, selected for the post of Talathi, sought provisional appointment pending verification of her caste claim by the Scheduled Tribe Caste Certificate Scrutiny Committee - The Court directed the Committee to decide the caste claim within six months and ordered the respondents to provisionally appoint the petitioner upon her undertaking that she would not claim any benefit if her claim is not validated - Held that provisional appointment can be granted subject to the outcome of the scrutiny and an undertaking to refund benefits if the claim is invalidated (Paras 2-3).
Issue of Consideration
Whether a candidate selected for a post can be provisionally appointed pending verification of her caste claim by the Scrutiny Committee.
Final Decision
The Court directed the Caste Scrutiny Committee to decide the caste claim within six months. In the meanwhile, the respondents shall provisionally appoint the petitioner upon her undertaking that she will not claim any benefit if her claim is not validated. No order as to costs.
Law Points
- Provisional appointment pending caste scrutiny
- undertaking to refund benefits if claim invalidated
