Case Note & Summary
The petitioner, Vijay s/o Ramaji Hedaoo, filed a writ petition before the Bombay High Court, Nagpur Bench, challenging the order dated 30.10.1998 passed by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which rejected his claim of belonging to the Halba Scheduled Tribe and cancelled and confiscated his caste certificate. The petitioner was employed with the Defence Electronics Research Laboratory, Hyderabad. During the hearing, the petitioner's counsel, on instructions, did not press the merits of the caste claim but sought protection of service in light of various Supreme Court and High Court judgments, particularly the Full Bench decision of the Bombay High Court in Arun s/o Vishwanath v. State of Maharashtra and others, 2015 (1) Mh.L.J. 457, dated 22.12.2014. The Full Bench had answered that the relief of protection of service after invalidation of caste claim can be granted by the High Court based on the decisions in Kavita Solunke v. State of Maharashtra (2012) 8 SCC 430 and Shalini v. New English High School Association (2013) 16 SCC 526. The Full Bench also laid down guidelines regarding the consequences of invalidation depending on the date of appointment: (i) for appointments finalized before the decision in Milind's case on 28.11.2000, mere invalidation does not entail withdrawal of benefits or discharge; (ii) for appointments secured between 28.11.2000 and 18.10.2001, benefits can be withdrawn depending on terms of employment; (iii) for appointments after 18.10.2001 (when the relevant Act came into force), benefits can be withdrawn immediately upon invalidation; (iv) protection is available to Koshti, Halba Koshti, and Special Backward Class on same terms; and (v) claims of Nomadic Tribes, Vimukta Jatis, and OBC shall be decided per R. Unnikrishnan v. V.K. Mahanudevan (2014) 4 SCC 43. The Court, without entering into the merits of the caste claim, disposed of the petition by directing that the petitioner's services be protected and not be disturbed on the ground of invalidation of the caste claim, subject to the conditions laid down in the Full Bench judgment. The Court clarified that it had not expressed any opinion on the merits of the caste claim.
Headnote
A) Service Law - Caste Claim Invalidation - Protection of Service - The petitioner's claim of belonging to Halba Scheduled Tribe was rejected by the Scrutiny Committee on 30.10.1998, cancelling the caste certificate. The petitioner sought protection of service. The High Court, following the Full Bench decision in Arun v. State of Maharashtra (2015) 1 Mh.L.J. 457, held that protection of service can be granted upon invalidation of caste claim based on the decisions in Kavita Solunke v. State of Maharashtra (2012) 8 SCC 430 and Shalini v. New English High School Association (2013) 16 SCC 526. The Court directed that the petitioner's services be protected and not be disturbed on the ground of invalidation of caste claim, subject to the conditions laid down in the Full Bench judgment. (Paras 4-5)
Issue of Consideration
Whether the petitioner is entitled to protection of service after the invalidation of his caste claim as a Halba Scheduled Tribe by the Scrutiny Committee.
Final Decision
The writ petition is disposed of with a direction that the petitioner's services be protected and not be disturbed on the ground of invalidation of the caste claim, subject to the conditions laid down in the Full Bench judgment of this Court in Arun s/o Vishwanath v. State of Maharashtra and others, 2015 (1) Mh.L.J. 457. No order as to costs.
Law Points
- Protection of service can be granted by High Court upon invalidation of caste claim based on Kavita Solunke and Shalini decisions
- Mere invalidation does not entail automatic withdrawal of benefits or discharge from employment for appointments finalized before Milind's case (28.11.2000)
- Benefits obtained between 28.11.2000 and 18.10.2001 can be withdrawn depending on terms of employment
- Benefits obtained after 18.10.2001 can be withdrawn immediately upon invalidation
- Protection available to Koshti
- Halba Koshti
- and Special Backward Class on same terms
- Claims of Nomadic Tribes
- Vimukta Jatis
- and OBC to be decided per R. Unnikrishnan
