Case Note & Summary
The petitioner, Madhukar Tukaram Nanvare, filed a writ petition challenging the order dated 25th March 1996 passed by the Committee for Scrutiny and Verification of Tribe Claims (respondent No.2), which rejected his claim of belonging to the Mahadeo Koli Scheduled Tribe. The petitioner had been employed with the Maharashtra State Road Transport Corporation (respondent Nos. 3 and 4) based on a Scheduled Tribe certificate. The Scrutiny Committee concluded that the petitioner did not belong to the Mahadeo Koli tribe, and this decision became final. The petitioner sought to set aside the Committee's order and to protect his services under Government Resolution dated 15th June 1995. The court heard arguments from both sides. The petitioner's counsel relied on a Division Bench decision in Writ Petition No. 3789 of 2002, which had similar facts, and argued that Koli is a broad nomenclature including all subtribes. The court examined the Government Resolution, which in paragraph 4 provides that persons belonging to the Special Backward Class who were recruited on the basis of a Scheduled Tribe certificate should not be reverted or terminated. The court found that the petitioner's case fell within this protection. The court allowed the petition in part, setting aside the impugned order to the extent it directed termination of services, and directed that the petitioner's services be protected in terms of the Government Resolution. The court did not disturb the finding that the petitioner does not belong to the Scheduled Tribe.
Headnote
A) Caste Scrutiny - Scheduled Tribe Claim - Mahadeo Koli - The petitioner claimed to be a Mahadeo Koli (Scheduled Tribe) but the Scrutiny Committee rejected the claim. The court upheld the Committee's decision as final. (Paras 1-3)
B) Service Protection - Government Resolution - Special Backward Class - The court held that the petitioner's services are protected under Government Resolution dated 15th June 1995, which states that persons belonging to Special Backward Class already recruited on the basis of ST certificate should not be reverted or terminated. (Paras 5-6)
Issue of Consideration
Whether the petitioner's caste claim as Mahadeo Koli (Scheduled Tribe) was validly rejected by the Scrutiny Committee, and whether his services are protected under Government Resolution dated 15th June 1995.
Final Decision
The court allowed the petition in part. The impugned order dated 25th March 1996 was set aside to the extent it directed termination of the petitioner's services. The court directed that the petitioner's services be protected in terms of Government Resolution dated 15th June 1995. The finding that the petitioner does not belong to Scheduled Tribe was not disturbed.
Law Points
- Caste Scrutiny Committee's decision final
- Government Resolution dated 15th June 1995 protects services of persons recruited on basis of ST certificate but belonging to Special Backward Class
Case Details
2005 LawText (BOM) (02) 347
Writ Petition No. 4715 of 1996
Dalveer Bhandari, C.J., S.A. Bobde, J.
Mr. R.K. Mendadkar for the petitioner, Mr. C.R. Sonawane, Assistant Government Pleader, for respondent Nos. 1, 2 and 5
The Executive Magistrate, North Solapur; Chairman, Committee for Scrutiny & Verification of Tribe Claims, Maharashtra State; Divisional Controller, State Transport, Solapur Division; Maharashtra State Road Transport Corporation; State of Maharashtra
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Nature of Litigation
Writ petition challenging order of Caste Scrutiny Committee rejecting Scheduled Tribe claim and seeking protection of services.
Remedy Sought
Petitioner sought setting aside of order dated 25th March 1996 of the Committee for Scrutiny and Verification of Tribe Claims and direction to issue validation of tribe claim, and protection of his services under Government Resolution dated 15th June 1995.
Filing Reason
The petitioner's caste claim as Mahadeo Koli (Scheduled Tribe) was rejected by the Scrutiny Committee, and he faced potential termination of services.
Previous Decisions
The Scrutiny Committee's decision rejecting the petitioner's claim became final.
Issues
Whether the petitioner's caste claim as Mahadeo Koli (Scheduled Tribe) was validly rejected by the Scrutiny Committee?
Whether the petitioner's services are protected under Government Resolution dated 15th June 1995?
Submissions/Arguments
Petitioner's counsel argued that Koli is a broad nomenclature including all subtribes, and relied on a Division Bench decision in Writ Petition No. 3789 of 2002 with identical facts.
Petitioner's counsel submitted that his services are protected under Government Resolution dated 15th June 1995, which states that persons belonging to Special Backward Class recruited on basis of ST certificate should not be reverted or terminated.
Ratio Decidendi
The court held that the Government Resolution dated 15th June 1995 protects the services of persons belonging to Special Backward Class who were recruited on the basis of a Scheduled Tribe certificate, and such persons should not be reverted or terminated. The court did not interfere with the Scrutiny Committee's finding on caste status.
Judgment Excerpts
The persons belonging to this class already recruited on the basis of S.T. Certificate in Government, Semi Government services and obtained promotions should not be reverted or terminated.
It is apparent from a bare reading of paragraph 4 of the Government Resolution that the reservation granted to 'Special Backward Class' is applicable to the direct recruitments and also promotions.
Procedural History
The petitioner filed Writ Petition No. 4715 of 1996 in the High Court of Judicature at Bombay challenging the order dated 25th March 1996 of the Committee for Scrutiny and Verification of Tribe Claims. The court heard the matter and delivered judgment on 1st February 2005.
