Case Note & Summary
The petitioner, Pramod Shivaji Shinde, filed a writ petition challenging an order dated 4 April 2013 passed by the Divisional Caste Certificate Scrutiny Committee No.2, Ratnagiri, which invalidated his caste claim as 'Vadar'. He also sought a direction to the committee to issue a validity certificate and prayed for reinstatement as a Conductor with the Maharashtra State Road Transport Corporation (MSRTC), from which he was terminated on 6 August 2013. During the hearing, the petitioner, on instructions, gave up his claim for caste validity and stated that he was not pressing for prayer clause 21(b) (quashing of committee order) and 21(e) (reinstatement). Consequently, the court held that no further orders were required and disposed of the petition as withdrawn. The court also granted leave to correct a typographical error in prayer (e).
Headnote
A) Caste Certificate - Validity - Withdrawal of Claim - Petitioner gave up his claim for caste validity as 'Vadar' and did not press for quashing of committee order or reinstatement - Held that no further orders are required and petition is disposed as withdrawn (Paras 5-6).
Issue of Consideration
Whether the petitioner is entitled to challenge the order of the Caste Scrutiny Committee and seek reinstatement after giving up his caste claim.
Final Decision
Petition disposed as withdrawn. No further orders required.
Law Points
- Caste claim
- Validity certificate
- Withdrawal of claim
- Consequential relief
Case Details
2017 LawText (BOM) (04) 14
WRIT PETITION NO. 4656 OF 2014
Anoop V. Mohta, Ravindra V. Ghuge
Mr. R. K. Mendadkar with Ms. Komal Gaikwad for the petitioner, Ms. Nisha Mehra, AGP for respondents 1 and 2, Mr. G.S. Hegde for respondent No.3 MSRTC
State of Maharashtra, Divisional Caste Certificate Scrutiny Committee No.2, Maharashtra State Road Transport Corporation
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Nature of Litigation
Writ petition challenging order of Caste Scrutiny Committee and seeking reinstatement.
Remedy Sought
Quashing of committee order dated 4 April 2013, direction to issue validity certificate, and reinstatement as Conductor.
Filing Reason
Petitioner's caste claim was invalidated by the committee and he was terminated from service.
Previous Decisions
Committee order dated 4 April 2013 invalidating caste claim; termination order dated 6 August 2013.
Issues
Whether the petitioner is entitled to challenge the committee order and seek reinstatement after giving up his caste claim.
Submissions/Arguments
Petitioner gave up claim for caste validity and did not press for quashing of committee order or reinstatement.
Ratio Decidendi
When a petitioner gives up his caste claim and does not press for consequential relief, the petition is disposed as withdrawn without any further orders.
Judgment Excerpts
The Petitioner makes a statement, on instructions, that the Petitioner is giving up his claim to the extent of seeking validity for his caste claim as being belonging to the caste 'Vadar' and consequentially he does not press for prayer clause 21(b) and 21(e).
In view of the above, no further orders are required in this petition.
Procedural History
Petitioner filed writ petition in 2014 challenging committee order dated 4 April 2013 and termination dated 6 August 2013. Heard finally on 18 April 2017.
