Case Note & Summary
The judgment concerns three writ petitions filed by individuals who had secured employment based on their claim of belonging to a Scheduled Tribe. The Scheduled Tribe Caste Scrutiny Committees had invalidated their caste certificates, leading to the petitioners approaching the High Court. However, during the hearing, the petitioners, through their counsel, gave up the challenge to the orders of the Scrutiny Committees. The court, noting the identical factual and legal position in all three petitions, heard them together and disposed of them by a common order. The court permitted the petitioners to withdraw the petitions and directed that they be allowed to continue in service on the same terms and conditions as before the impugned orders. The court further directed that no recovery of monetary benefits already received by the petitioners shall be made. However, the court clarified that the petitioners would not be entitled to any further benefits on the basis of the invalidated caste certificates. The judgment was delivered by a division bench of Justices B.R. Gavai and Sunil P. Deshmukh on 9th October 2012.
Headnote
A) Service Law - Caste Scrutiny - Withdrawal of Petition - Petitioners gave up challenge to Scrutiny Committee orders invalidating their Scheduled Tribe certificates - Court permitted withdrawal and directed that petitioners be allowed to continue in service on the same terms and conditions as before, with protection against recovery of monetary benefits already received - Held that since petitioners have given up challenge, they are not entitled to any further benefits on the basis of the invalidated certificates (Paras 3-5).
Issue of Consideration
Whether the petitioners, who have given up challenge to the orders of the Scrutiny Committee invalidating their Scheduled Tribe certificates, are entitled to continue in service with protection against recovery of benefits already received.
Final Decision
The court permitted the petitioners to withdraw the petitions. It directed that the petitioners be allowed to continue in service on the same terms and conditions as before the impugned orders, and that no recovery of monetary benefits already received by the petitioners shall be made. However, the petitioners shall not be entitled to any further benefits on the basis of the invalidated caste certificates.
Law Points
- Withdrawal of petition
- Caste Scrutiny Committee
- Scheduled Tribe certificate
- Continuation of service
- Protection against recovery
Case Details
2012 LawText (BOM) (10) 167
Writ Petition No.900/2012 with Writ Petition No.2528/2012 with Writ Petition No.5094/2011
B.R. Gavai, Sunil P. Deshmukh
Shri S.R. Narnaware for Petitioners; Shri N.W. Sambre for Respondent No.1 in WP 900/2012 and WP 2528/2012; Shri N.W. Sambre, Government Pleader for Respondents 1,3 & 4 in WP 5094/2011; Shri P.B. Patil for Respondent No.2 in WP 5094/2011
Prabhakar s/o Rushi Nandanwar, Ku. Nila Wasudeo Dhakate (Sau. Neha Kishor Nandanwar), Sou. Rajeshree w/o Sandeep Hedau (Ku. Rajeshree Tikaram Bhagat)
Joint Commissioner & Vicechairman Scheduled Tribe Certificate, Caste Scrutiny Committee, Gadchiroli; Deputy Director, Vocational Education and Training, Nagpur; Principal, Indian Training Institute, Itapalli; State of Maharashtra; Scheduled Tribe Caste Certificate Scrutiny Committee, Amravati; Assistant Director, Health Services (Malaria), Nagpur; Joint Director, Health Services (Malaria, Fileria and Water Diseases), Pune
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Nature of Litigation
Writ petitions challenging orders of Scheduled Tribe Caste Scrutiny Committees invalidating caste certificates of petitioners who had secured employment based on Scheduled Tribe claim.
Remedy Sought
Petitioners initially sought to challenge the orders of the Scrutiny Committees, but later gave up the challenge and sought permission to withdraw the petitions with directions for continuation of service and protection against recovery.
Filing Reason
The Scrutiny Committees invalidated the petitioners' Scheduled Tribe certificates, which formed the basis of their employment.
Previous Decisions
The Scheduled Tribe Caste Scrutiny Committees had passed orders invalidating the caste certificates of the petitioners.
Issues
Whether the petitioners should be allowed to withdraw the petitions after giving up challenge to the Scrutiny Committee orders.
Whether the petitioners are entitled to continue in service and seek protection against recovery of monetary benefits already received.
Submissions/Arguments
Petitioners, through counsel, gave up challenge to the orders of the Scrutiny Committee and sought permission to withdraw the petitions.
Petitioners requested that they be allowed to continue in service on the same terms and conditions as before, with no recovery of monetary benefits already received.
Ratio Decidendi
When a petitioner gives up challenge to an order invalidating a caste certificate, the court may permit withdrawal and direct continuation of service with protection against recovery of past benefits, but no further benefits on the basis of the invalidated certificate shall be granted.
Judgment Excerpts
Since the factual and legal position in all the three petitions are identical, we have heard all these matters together and are disposing of the same by this common judgment and order.
Though all the petitioners who have entered into their services on the basis of their claim of belonging to Scheduled Tribe have approached this Court being aggrieved by the orders of the Scrutiny Committee, they have given up the challenge to the order of the Scrutiny Committee and have sought permission to withdraw the petitions.
In that view of the matter, we permit the petitioners to withdraw the petitions. We further direct that the petitioners be allowed to continue in service on the same terms and conditions as before the impugned orders. We further direct that no recovery of the monetary benefits already received by the petitioners shall be made. However, it is made clear that the petitioners shall not be entitled to any further benefits on the basis of the invalidated caste certificates.
Procedural History
The petitioners filed writ petitions challenging the orders of the Scheduled Tribe Caste Scrutiny Committees that invalidated their caste certificates. During the hearing, the petitioners gave up the challenge and sought permission to withdraw the petitions. The court heard all three petitions together due to identical facts and law, and disposed them by a common order on 9th October 2012.
