Case Note & Summary
The petitioner, Ghanshyam Kisanji Parate, was appointed as a Typist by the Maharashtra State Electricity Board (MSEB) on 22.02.1999 against a reserved post for Scheduled Tribe candidates. The appointment was temporary and conditional upon the petitioner submitting a valid caste certificate. The petitioner continued in service until his termination on 04.05.2005, which was issued after the Caste Scrutiny Committee, Nagpur, invalidated his caste certificate by its order dated 16.10.2004/29.10.2004. The petitioner filed a writ petition challenging the termination and seeking protection of his service, relying on the judgment in State of Maharashtra v. Milind Katware and other similar judgments where the court had protected services. The petitioner also placed on record the judgment in Kavita Solunke v. State of Maharashtra and an order of the Supreme Court where services were protected despite appointment in July 2000. The court admitted the petition on 07.10.2008 and directed it to be heard along with other similar petitions. The court heard the learned counsel for the parties. The petitioner's counsel argued that the petitioner cannot be stated to be a beneficiary of the Milind Katware judgment because his appointment was conditional on submission of a caste certificate, which he admittedly failed to submit within reasonable time. The court noted that the petitioner completed the period of probation, but since his caste was invalidated, he is not entitled to protection or the reliefs claimed. The court dismissed the petition, holding that the petitioner is not entitled to any relief.
Headnote
A) Service Law - Caste Certificate - Conditional Appointment - The petitioner was appointed as a Typist on a reserved post for Scheduled Tribe candidate, subject to submission of a valid caste certificate. The petitioner failed to submit the certificate within reasonable time, and the caste certificate was invalidated by the Caste Scrutiny Committee. The Court held that the petitioner is not entitled to protection of service as he was not a beneficiary of the judgment in State of Maharashtra v. Milind Katware, since his appointment was conditional and he failed to comply with the condition. (Paras 2-4) B) Service Law - Termination - Invalid Caste Certificate - The petitioner's service was terminated on 04.05.2005 after the Caste Scrutiny Committee invalidated his caste certificate by order dated 16.10.2004/29.10.2004. The Court held that the petitioner cannot claim protection as his caste was invalidated and he was not entitled to the reliefs claimed. (Paras 2-5)
Issue of Consideration
Whether the petitioner is entitled to protection of service and reliefs despite his caste certificate being invalidated by the Scrutiny Committee, given that his appointment was conditional on submission of a valid caste certificate which he failed to submit within reasonable time.
Final Decision
The petition is dismissed. The petitioner is not entitled to protection of service or any reliefs claimed.
Law Points
- Caste certificate invalidation
- conditional appointment
- protection of service
- Milind Katware judgment
- Kavita Solunke judgment
