Case Note & Summary
The petitioner, Sarika Suryakant Khatu, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking a direction to the respondents to waive the requirement of submitting a Caste Validity Certificate issued by the Caste Scrutiny Committee and instead issue an appointment order in her favor. She also sought a declaration that the Government Resolution dated 19 July 2011 was illegal, arbitrary, discriminatory, and violative of Article 14 of the Constitution. The petitioner belonged to the Hindu Vaishya Wani caste, which was notified as part of the Other Backward Class (OBC) category. However, the inclusion of Vaishya Wani in the OBC list was set aside by the Bombay High Court in Vishwanath Pandurang Mahadeshwar vs. State of Maharashtra, (2011) 1 Mh. L. J. 310, on 1 October 2010, though the judgment was stayed for 12 weeks. The petitioner had appeared for the examination for the post of Shikshan Sevak on 2 May 2010, before the judgment was pronounced. The results were declared on 1 June 2010, and the petitioner was placed at Sr. No. 4 in the OBC category. She received a communication dated 30 May 2011 from Respondent No. 1 stating that she had been selected for the post of Shikshan Sevak from the OBC category and was required to submit the Caste Validity Certificate within three months. Subsequently, the State Government issued the Government Resolution dated 19 July 2011. The petitioner challenged this resolution. The court, after hearing the parties, dismissed the petition, holding that the Government Resolution was valid and not violative of Article 14. The court found no merit in the petitioner's claim for a writ of mandamus to waive the requirement of the Caste Validity Certificate.
Headnote
A) Constitutional Law - Writ of Mandamus - Requirement of Caste Validity Certificate - Petitioner sought direction to waive requirement of submitting Caste Validity Certificate for appointment as Shikshan Sevak under OBC category - Court held that the Government Resolution dated 19 July 2011 requiring submission of Caste Validity Certificate is valid and not violative of Article 14 - Petition dismissed (Paras 1-6).
Issue of Consideration
Whether the Government Resolution dated 19 July 2011 requiring submission of Caste Validity Certificate for appointment to reserved category posts is illegal, arbitrary, discriminatory, and violative of Article 14 of the Constitution of India, and whether the petitioner is entitled to a writ of mandamus directing the respondents to waive the requirement of submitting the Caste Validity Certificate and issue appointment order.
Final Decision
The petition was dismissed. The court held that the Government Resolution dated 19 July 2011 is valid and not violative of Article 14. No direction was issued to waive the requirement of Caste Validity Certificate.
Law Points
- Caste Validity Certificate requirement for appointment to reserved category posts
- Government Resolution dated 19 July 2011
- Article 226 of Constitution of India
- Article 14 of Constitution of India
- Mandamus
- OBC category
- Shikshan Sevak
Case Details
2012 LawText (BOM) (06) 108
Writ Petition No. 6956 of 2011
A.M. Khanwilkar, S.S. Shinde
Mr. S. B. Shetye with mr. Avinash Fatangare for Petitioner; Ms. Priyadarshini Birje for Respondent Nos. 1 and 2; Mr. C. R. Sonawane, AGP, for Respondent No. 3
The Secretary/Education Officer, (Primary), Shikshan Sevak Selection Committee, Zilla Parishad, Ratnagiri; Zilla Parishad, Ratnagiri; State of Maharashtra
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging Government Resolution dated 19 July 2011 requiring submission of Caste Validity Certificate for appointment to reserved category posts.
Remedy Sought
Petitioner sought direction for issuance of writ of mandamus to waive requirement of submitting Caste Validity Certificate and to issue appointment order, and declaration that Government Resolution dated 19 July 2011 is illegal, arbitrary, discriminatory and violative of Article 14.
Filing Reason
Petitioner was selected for post of Shikshan Sevak under OBC category but was required to submit Caste Validity Certificate; she challenged the Government Resolution requiring such certificate.
Previous Decisions
The inclusion of Vaishya Wani caste in OBC list was set aside by Bombay High Court in Vishwanath Pandurang Mahadeshwar vs. State of Maharashtra, (2011) 1 Mh. L. J. 310 on 1 October 2010, but the judgment was stayed for 12 weeks.
Issues
Whether the Government Resolution dated 19 July 2011 requiring submission of Caste Validity Certificate for appointment to reserved category posts is illegal, arbitrary, discriminatory, and violative of Article 14 of the Constitution of India.
Whether the petitioner is entitled to a writ of mandamus directing the respondents to waive the requirement of submitting the Caste Validity Certificate and issue appointment order.
Submissions/Arguments
Petitioner argued that the Government Resolution dated 19 July 2011 is illegal, arbitrary, discriminatory, and violative of Article 14.
Respondents argued that the requirement of Caste Validity Certificate is valid and necessary for appointment to reserved category posts.
Ratio Decidendi
The requirement of submitting a Caste Validity Certificate for appointment to reserved category posts is a valid condition and does not violate Article 14 of the Constitution of India. The Government Resolution dated 19 July 2011 is legal and not arbitrary or discriminatory.
Judgment Excerpts
This Petition was heard along with Writ Petition Nos. 10194/2010 and 6638/2011, as overlapping issues have been raised.
The Petitioner is seeking direction for issuance of writ of mandamus to direct the Respondents to waive the requisition of submitting Caste Validity Certificate, issued in favour of the Petitioner, by the Caste Scrutiny Committee and instead, issue appointment order in favour of the Petitioner.
The Petitioner asserts that she belongs to Hindu Vaishya Wani Caste. That caste was notified as part of Other Backward Class (for short OBC) category.
The inclusion of Vaishya Wani in the list of OBC category, however, was set aside by this Court in case of Vishwanath Pandurang Mahadeshwar vs. State of Maharashtra, (2011) 1 Mh. L. J. 310 on 1st October, 2010.
Procedural History
The petitioner filed Writ Petition No. 6956 of 2011 under Article 226 of the Constitution of India before the Bombay High Court. The petition was heard along with Writ Petition Nos. 10194/2010 and 6638/2011. Rule was issued and by consent, the petition was heard finally. The judgment was reserved on 11 May 2012 and pronounced on 11 June 2012.
Acts & Sections
- Constitution of India: Article 14, Article 226
