Case Note & Summary
The petitioner, Rajusingh Vijaysingh Gaud, was appointed as a Driver against a post reserved for Scheduled Tribe by the Maharashtra State Road Transport Corporation (Respondent No.2). He claimed to belong to the Rajput Bhamta Scheduled Tribe. His caste claim was pending before the Caste Scrutiny Committee (Respondent No.1) for a considerable period without decision. On 30/11/2018, Respondent No.2 issued a notice calling upon him to submit a validity certificate within fifteen days, failing which his services would be terminated. The petitioner approached the Bombay High Court seeking a direction to Respondent No.1 to decide his caste claim expeditiously. The court observed that it is not in the hands of the candidate to control the time taken by the Caste Scrutiny Committee, and the candidate cannot be penalized for the committee's delay. The court allowed the petition, directing Respondent No.1 to decide the claim within six months from the date of the order. It further directed that till the decision on the claim, and in the event the order is adverse to the petitioner, the petitioner's services shall not be terminated. The court also directed that the petitioner be continued in service subject to the outcome of the committee's decision.
Headnote
A) Service Law - Caste Scrutiny - Delay in Decision - The petitioner, a driver appointed against a post reserved for Scheduled Tribe, claimed to belong to Rajput Bhamta Scheduled Tribe. The Caste Scrutiny Committee delayed deciding his claim for a considerable period. The employer issued a notice to produce a validity certificate within fifteen days, failing which services would be terminated. The court held that the candidate cannot be penalized for the delay on the part of the Caste Scrutiny Committee. The court directed the committee to decide the claim within six months and restrained the employer from terminating services till then. (Paras 3-5)
Issue of Consideration
Whether the employer can terminate the services of an employee for non-production of caste validity certificate when the Caste Scrutiny Committee has delayed deciding the caste claim.
Final Decision
The court allowed the petition and directed Respondent No.1 to decide the petitioner's caste claim within six months from the date of the order. Till the decision on the claim, and in the event the order is adverse to the petitioner, the petitioner's services shall not be terminated. The petitioner shall be continued in service subject to the outcome of the committee's decision.
Law Points
- Caste Scrutiny Committee must decide caste claim expeditiously
- candidate cannot be penalized for delay by committee
- employer cannot terminate services pending committee decision
