Case Note & Summary
The petitioner, Savankumar Jagdishchandra Mandwal, was appointed in the Other Backward Classes (OBC) handicapped category by the Zilla Parishad, Hingoli. After a couple of years, his OBC certificate was invalidated, leading to his termination. He then filed a writ petition seeking to be considered in the open physically handicapped category, arguing that he was physically handicapped and should not be deprived of employment. The respondents opposed, stating that the petitioner was appointed specifically in the OBC handicapped category and cannot now claim a different category. The court, per A.I.S. Cheema J., held that the categories of reservation are distinct and the petitioner cannot hop from one category to another after appointment and termination. The court found no merit in the petition and dismissed it, stating that the petitioner has no vested right to be considered in the open physically handicapped category. The judgment was delivered on 20th November 2013 by a division bench of R.M. Borde and A.I.S. Cheema JJ.
Headnote
A) Service Law - Reservation - Caste Certificate - Invalidity - Change of Category - Petitioner appointed in OBC handicapped category, terminated after OBC certificate invalidated - Petitioner sought to be considered in open physically handicapped category - Held that reservation categories are distinct and cannot be interchanged; no vested right to claim appointment in a different category after termination (Paras 1-5).
Issue of Consideration
Whether a person appointed in OBC handicapped category can, after termination due to invalid OBC certificate, claim to be considered in open physically handicapped category.
Final Decision
The petition is dismissed. Rule discharged. No order as to costs.
Law Points
- Reservation categories are distinct and cannot be interchanged after appointment
- Termination due to invalid caste certificate does not create right to be considered in open category
- No vested right to claim appointment in a different category
Case Details
2013 LawText (BOM) (11) 6
Writ Petition No.9544 of 2011
R.M. Borde, A.I.S. Cheema
Santosh S. Jadhavar for Petitioner, S.G. Sangle (A.G.P.) for Respondent No.1, Preeti Diggikar for Respondent No.2
Savankumar s/o Jagdishchandra Mandwal
State of Maharashtra, Chief Executive Officer, Zilla Parishad, Hingoli
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Nature of Litigation
Writ petition challenging termination and seeking reclassification from OBC handicapped to open physically handicapped category.
Remedy Sought
Petitioner sought to be considered in the open physically handicapped category after termination due to invalid OBC certificate.
Filing Reason
Petitioner was appointed in OBC handicapped category, his OBC certificate was invalidated, leading to termination; he then sought to be considered in open physically handicapped category.
Issues
Whether the petitioner can change his category from OBC handicapped to open physically handicapped after appointment and termination due to invalid caste certificate.
Submissions/Arguments
Petitioner argued that he is physically handicapped and should not be deprived of employment; he should be considered in open physically handicapped category.
Respondents argued that the petitioner was appointed in OBC handicapped category and cannot now claim a different category.
Ratio Decidendi
Reservation categories are distinct and cannot be interchanged after appointment and termination. A person appointed in a specific reserved category cannot claim to be considered in a different category after termination due to invalidity of the original category certificate.
Judgment Excerpts
This Petition by Petitioner is an effort to hop to the category of Open physically handicapped, after having been appointed in the category of Other Backward Classes (O.B.C.) handicapped and terminated after a couple of years as the O.B.C. certificate got invalidated.
The categories of reservation are distinct and the Petitioner cannot hop from one category to another after appointment and termination.
We do not find any merit in the Petition. The Petition is dismissed.
Procedural History
Petitioner was appointed in OBC handicapped category; OBC certificate invalidated; termination; filed writ petition seeking reclassification; heard and dismissed.
