Case Note & Summary
The petitioner, Ku. Waishali D/o Pandurang Nandanwar, was appointed as an Assistant Teacher on 26.2.1996 in a reserved category based on a caste certificate showing her as 'Halba (S.T.)'. After 12 years of service, respondent no.2 referred her caste certificate to respondent no.1, the Scrutiny Committee. The petitioner submitted relevant documents, but by order dated 31.5.2013, her caste claim was invalidated. She challenged this order and the consequent termination, seeking protection of service relying on the Supreme Court judgment in Kavita Solunke v. State of Maharashtra (2012 AIR SCW 4472) and the Bombay High Court decisions in A.P. Ramtekkar v. Union of India (2013 (2) Mh.L.J. 419) and Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (Writ Petition No.5530/2012, decided on 10.7.2013). The learned counsel for the petitioner stated on instructions that the petitioner would file an undertaking surrendering all Scheduled Tribe privileges and benefits derived from the certificate, except continuity of service. The Court allowed the petition, directing the petitioner to file the undertaking within two weeks. It clarified that the petitioner would not be entitled to any earlier privileges except continuity of service, and the respondents were at liberty to withdraw benefits and restore the position as on 28.11.2000.
Headnote
A) Service Law - Caste Certificate Invalidation - Continuity of Service - Protection of Service - The petitioner, appointed as Assistant Teacher in reserved category based on 'Halba (S.T.)' certificate, had her caste claim invalidated after 12 years. The Court, following the principles in Kavita Solunke v. State of Maharashtra and A.P. Ramtekkar v. Union of India, allowed the petition subject to the petitioner filing an undertaking surrendering all Scheduled Tribe privileges and benefits except continuity of service. The respondents were permitted to withdraw benefits and restore the position as on 28.11.2000. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to protection of service and continuity of service despite invalidation of her Scheduled Tribe caste certificate after 12 years of service.
Final Decision
The petition is allowed. The petitioner shall file an undertaking within two weeks surrendering all Scheduled Tribe privileges and benefits except continuity of service. The respondents are at liberty to withdraw benefits and restore the position as on 28.11.2000. The petitioner is not entitled to any earlier privileges except continuity of service.
Law Points
- Protection of service despite invalidation of caste certificate
- Continuity of service on undertaking to surrender benefits
- Applicability of Kavita Solunke and A.P. Ramtekkar judgments
