Case Note & Summary
The petitioner, Laxmikant s/o Ramkrishna Dharmik, was appointed in 1997 based on a caste certificate certifying him as belonging to the 'Halba Scheduled Tribe'. On 21 June 2013, respondent no. 2 (Joint District Registrar & Collector of Stamps, Wardha) issued a notice directing the petitioner to submit his caste certificate by 31 July 2013. The petitioner filed the present writ petition on 5 August 2013, seeking protection from coercive action. The Bombay High Court, Nagpur Bench, considered the averments and relied on its earlier judgment in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (W.P. No. 5530/12 & ors., dated 10 July 2013). The Court found that a prima facie case was made out but noted that an alternate remedy was available to the petitioner. Consequently, the Court permitted the petitioner to withdraw the petition with liberty to approach the appropriate forum within four weeks. The Court clarified that the protective order does not operate as a stay on the impugned notice, but directed that no coercive steps be taken against the petitioner based on the notice for a period of four weeks. The petitioner was also given liberty to apply afresh for protection before the appropriate forum. All points were kept open, and the writ petition was disposed of with no order as to costs.
Headnote
A) Service Law - Caste Certificate Verification - Interim Protection - Petitioner appointed on basis of 'Halba Scheduled Tribe' caste certificate since 1997 - Respondent issued notice to submit caste certificate by 31.7.2013 - Court granted interim protection from coercive action for four weeks, permitting petitioner to withdraw petition and approach appropriate forum - Held that prima facie case made out, but alternate remedy available (Paras 2-5).
Issue of Consideration
Whether the petitioner, who was appointed based on a caste certificate belonging to 'Halba Scheduled Tribe', should be protected from coercive action pending verification of the caste certificate.
Final Decision
The writ petition was disposed of with liberty to the petitioner to withdraw and approach the appropriate forum within four weeks. The Court directed that no coercive steps/action be taken against the petitioner based on the impugned notice dated 21.6.2013 for a period of four weeks. All points were kept open. No costs.
Law Points
- Interim protection
- caste certificate verification
- alternate remedy
- coercive steps
- government circular
