Case Note & Summary
The petitioner, Sangramsingh Babusingh Chavhan, was appointed on the basis of a caste certificate belonging to 'Rajput Bhamta' and has been in service since 1980. On 16 July 2013, the Superintendent of Police, Nagpur (Rural) issued a notice directing the petitioner to submit his caste certificate by 31 July 2013. The petitioner filed a writ petition on 2 August 2013 challenging this notice. The High Court, relying on its earlier judgment in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (W.P. No. 5530/12 & ors., dated 10.7.2013), found that a prima facie case was made out for interim protection. However, noting that an alternate remedy was available, 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 of 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 at liberty to apply afresh for protection before the appropriate forum. The writ petition was disposed of with no order as to costs, keeping all points open.
Headnote
A) Service Law - Caste Certificate Verification - Interim Protection - Petitioner appointed on basis of caste certificate of 'Rajput Bhamta' in service since 1980 - Impugned notice dated 16.7.2013 directed submission of caste certificate by 31.7.2013 - Court granted interim protection from coercive steps for four weeks, permitting withdrawal to approach appropriate forum - Held that prima facie case made out and protective order not a stay (Paras 2-5).
Issue of Consideration
Whether the petitioner, who was appointed based on a caste certificate of 'Rajput Bhamta' and has been in service since 1980, should be protected from coercive action pursuant to a notice directing him to submit a caste certificate by a specified date.
Final Decision
The writ petition was disposed of with permission to withdraw and liberty to approach the appropriate forum within four weeks. The court directed that no coercive steps be taken against the petitioner based on the impugned notice for a period of four weeks. All points kept open.
Law Points
- Interim protection
- caste certificate verification
- alternate remedy
- coercive steps
- protective order
