Case Note & Summary
The petitioner, Deepak Sadashiv Kedar, filed a writ petition challenging the order dated 29.12.1997 of the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur, which rejected his claim of belonging to the 'Halba Koshti' Scheduled Tribe and cancelled and confiscated his caste certificate. The petitioner sought protection of his service, relying on the Full Bench decision of the Bombay High Court in Arun Vishwanath v. State of Maharashtra, 2015 (1) Mh.L.J. 457, which held that the relief of protection of service after invalidation of caste claim can be granted by the High Court based on the Supreme Court 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 held that mere invalidation of the caste claim by the Scrutiny Committee would not entail the consequences of withdrawal of benefits or discharge from employment that have become final prior to the decision in Milind's case on 28.11.2000. The court, without entering into the merits of the caste claim, disposed of the petition by granting protection of the petitioner's service, leaving it to the concerned Benches to decide on the facts of each case whether protection should be granted.
Headnote
A) Service Law - Caste Certificate - Protection of Service - Invalidation of Caste Claim - The petitioner's claim of 'Halba Koshti' was rejected by the Scrutiny Committee, but the High Court granted protection of service in view of the Full Bench decision in Arun Vishwanath, holding that mere invalidation does not entail automatic withdrawal of benefits or discharge from employment (Paras 3-5).
Issue of Consideration
Whether the petitioner is entitled to protection of service despite the rejection of his caste claim as 'Halba Koshti' by the Scrutiny Committee.
Final Decision
The writ petition is disposed of granting protection of service to the petitioner in view of the Full Bench decision in Arun Vishwanath, without entering into the merits of the caste claim.
Law Points
- Protection of service can be granted by High Court after invalidation of caste claim
- Mere invalidation does not entail automatic withdrawal of benefits or discharge from employment
- Relief of protection of service is based on Supreme Court decisions in Kavita Solunke and Shalini
Case Details
2015 LawText (BOM) (01) 85
WRIT PETITION NO.3634 OF 1999
Anoop V. Mohta, A.R. Joshi
Mr. S.W. Tapdiya (holding for Mr. V.V. Bhangde) for petitioner, Ms. N.P. Mehta (A.G.P.) for respondent no.1, Smt. S.W. Deshpande for respondent no.2
Deepak s/o Sadashiv Kedar
The State of Maharashtra, The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur
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Nature of Litigation
Writ petition challenging the order of the Scheduled Tribe Caste Certificate Scrutiny Committee rejecting the petitioner's claim of belonging to 'Halba Koshti' Scheduled Tribe and seeking protection of service.
Remedy Sought
Protection of service despite invalidation of caste claim.
Filing Reason
The petitioner's caste claim was rejected by the Scrutiny Committee by order dated 29.12.1997, and his caste certificate was cancelled and confiscated.
Previous Decisions
The Scrutiny Committee's order dated 29.12.1997 rejected the petitioner's claim of 'Halba Koshti' and cancelled the caste certificate.
Issues
Whether the petitioner is entitled to protection of service despite the rejection of his caste claim by the Scrutiny Committee.
Submissions/Arguments
The petitioner, through counsel, sought protection of service as contemplated under various Supreme Court judgments and the Full Bench decision of this High Court in Arun Vishwanath.
Ratio Decidendi
Mere invalidation of the caste claim by the Scrutiny Committee does not entail automatic withdrawal of benefits or discharge from employment that have become final prior to the decision in Milind's case on 28.11.2000. The High Court can grant protection of service based on the decisions in Kavita Solunke and Shalini.
Judgment Excerpts
The petitioner's claim of 'Halba Koshti' was rejected by order dated 29.12.1997, thereby declared that the petitioner does not belong to Halba Scheduled Tribe and the caste certificate so issued is cancelled and confiscated.
The learned counsel appearing for petitioner, on instructions, however, seeks protection of service as contemplated under various Supreme Court judgments as well as High Courts judgments which are dealt with by a full bench of this High Court in Arun s/o Vishwanath .vs. State of Maharashtra and others, 2015 (1) Mh.L.J. 457 dated 22.12.2014.
Procedural History
The petitioner filed a writ petition in 1999 challenging the Scrutiny Committee's order dated 29.12.1997. The petition was taken out from the final hearing board and heard finally by consent of the parties on 06.01.2015.
Acts & Sections
