Case Note & Summary
The petitioner, Ganesh Vithoba Nagpure, was employed as an Assistant Teacher at Santaji High School, Chikna, on the basis of a caste certificate showing he belonged to the 'Balai' Scheduled Caste. Subsequently, he sought to abandon that claim and instead claimed to belong to the 'Sutar' Other Backward Class, obtaining a new caste certificate accordingly. He filed a writ petition seeking a direction for expeditious verification of his new OBC claim and reinstatement in employment pending such verification. The respondents, including the school management and the Education Officer, opposed the petition, relying on the Full Bench judgment of the Bombay High Court in Arun Vishwanath Sonone v. State of Maharashtra (2015 (1) Mh.L.J. 457), which held that verification must be of the caste claim on the basis of which employment was secured, and if fraud or tampering is found in obtaining that certificate or employment, the benefit of protection cannot be given. The court, after hearing all parties, dismissed the petition, holding that the petitioner cannot be permitted to abandon his original Scheduled Caste claim and seek verification of a different OBC claim for the purpose of protecting his employment. The court directed that the verification must proceed in accordance with the Full Bench judgment, i.e., of the caste on the basis of which he secured employment.
Headnote
A) Service Law - Caste Claim - Verification - Employment secured on basis of Scheduled Caste certificate - Petitioner cannot abandon that claim and seek verification of a different OBC claim - Verification must be of the caste on the basis of which employment was obtained - Full Bench judgment in Arun Vishwanath Sonone v. State of Maharashtra (2015 (1) Mh.L.J. 457) applies - Held that if fraud or tampering is found in obtaining the original caste certificate or employment, benefit of protection cannot be given (Paras 2-4).
Issue of Consideration
Whether a person who secured employment on the basis of a Scheduled Caste certificate can later abandon that claim and seek verification of a different Other Backward Class claim for protection of employment.
Final Decision
Writ Petition dismissed. The court held that the petitioner cannot be permitted to abandon his original Scheduled Caste claim and seek verification of a different OBC claim for protection of employment. Verification must proceed in accordance with the Full Bench judgment in Arun Vishwanath Sonone v. State of Maharashtra, i.e., of the caste on the basis of which he secured employment.
Law Points
- Caste claim verification must be of the caste on the basis of which employment was secured
- Fraud or tampering in obtaining caste certificate disentitles protection
- Full Bench judgment in Arun Vishwanath Sonone v. State of Maharashtra governs verification of caste claims
Case Details
2017 LawText (BOM) (03) 145
Writ Petition No. 356 of 2017
B.P. Dharmadhikari, Mrs. Swapna Joshi
A.Z. Jibhkate for Petitioner, B.G. Kulkarni for Respondent Nos.1 and 2, N. Rao for Respondent Nos.3 and 4
Shri Santaji Shikshan Vikas Sanstha, Nagpur; Headmaster, Santaji High School; Education Officer (Secondary), Zilla Parishad, Nagpur; Divisional Caste Scrutiny Committee, Nagpur Division
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Nature of Litigation
Writ petition seeking direction for verification of caste claim and reinstatement in employment.
Remedy Sought
Petitioner sought expeditious verification of his claim as belonging to 'Sutar' Other Backward Class and reinstatement in employment pending such verification.
Filing Reason
Petitioner secured employment as a Scheduled Caste (Balai) but later claimed to belong to Other Backward Class (Sutar) and obtained a new caste certificate; he sought protection of his employment based on the new claim.
Previous Decisions
Full Bench judgment of Bombay High Court in Arun Vishwanath Sonone v. State of Maharashtra (2015 (1) Mh.L.J. 457) was cited, which held that verification must be of the caste on the basis of which employment was secured, and fraud or tampering disentitles protection.
Issues
Whether a person who secured employment on the basis of a Scheduled Caste certificate can later abandon that claim and seek verification of a different Other Backward Class claim for protection of employment.
Submissions/Arguments
Petitioner argued that he had given up his Scheduled Caste claim and obtained a certificate as 'Sutar' OBC, and sought verification of that claim and reinstatement, relying on a Division Bench judgment.
Respondents argued that verification must be of the caste on the basis of which employment was secured, and if fraud or tampering is found, protection cannot be given, relying on the Full Bench judgment in Arun Vishwanath Sonone.
Ratio Decidendi
A person who secures employment on the basis of a particular caste claim cannot later abandon that claim and seek verification of a different caste claim for the purpose of protecting his employment. Verification must be of the caste on the basis of which employment was obtained, and if fraud or tampering is found in obtaining that certificate or employment, the benefit of protection cannot be given.
Judgment Excerpts
Petitioner who secured employment by pointing out that he belongs to 'Balai' Scheduled Caste, is before this Court alleging that he has given up that caste claim and is claiming to belong to 'Sutar' Other Backward Class.
They point out that having secured employment as a person belonging to 'Balai' Scheduled Caste, in terms of Full Bench judgment of this Court reported in case of Arun Vishwanath Sonone .vrs. State of Maharashtra and ors (2015 (1) Mh.L.J. 457), verification has to be of that claim, and if while obtaining that caste certificate or then employment, any fraud or tampering is found to be committed, the benefit of protection cannot be given.
Procedural History
The petitioner filed Writ Petition No. 356 of 2017 before the Bombay High Court, Nagpur Bench. The court heard the parties and dismissed the petition on 24 March 2017.
