Case Note & Summary
The judgment concerns two writ petitions. In Writ Petition No. 3482 of 2010, the petitioner, Gopal Mahadeorao Bayaskar, sought a direction to the Superintendent of Police, Akola, to issue a provisional appointment order as Police Constable pursuant to his selection from the Scheduled Tribe category, and to the Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati, to decide the verification of his tribe claim as 'Thakur' within a stipulated period. The petitioner also sought interim relief to prevent cancellation of his name from the select list. The court, after hearing counsel for both sides, issued rule returnable forthwith and directed the respondents to consider the petitioner's claim for provisional appointment in accordance with the Government Circular dated 30/08/2006 and to expedite the scrutiny process. The second petition, Writ Petition No. 2099 of 2010, was filed by the Maharashtra State Gazetted Veterinarians Association Gadchiroli Branch, but the judgment does not provide details of its disposal. The court, comprising Justices S.A. Bobde and A.B. Chaudhari, delivered the oral judgment on July 30, 2010, directing the respondents to act on the petitioner's representation.
Headnote
A) Service Law - Scheduled Tribe Certificate - Provisional Appointment - Petitioner selected as Police Constable in Scheduled Tribe category sought provisional appointment pending verification of his tribe claim as 'Thakur' - Court directed the Superintendent of Police to issue provisional appointment order and the Scrutiny Committee to decide the verification within stipulated period - Held that provisional appointment is warranted to protect the candidate's interest pending scrutiny (Paras 2-3).
Issue of Consideration
Whether the petitioner is entitled to provisional appointment as Police Constable pending verification of his Scheduled Tribe claim by the Scrutiny Committee.
Final Decision
Rule made returnable forthwith. Court directed the respondents to consider the petitioner's claim for provisional appointment in accordance with the Government Circular dated 30/08/2006 and to expedite the scrutiny process.
Law Points
- Provisional appointment pending verification of caste claim
- Scheduled Tribe certificate scrutiny
- Government Circular dated 30/08/2006
