Case Note & Summary
The petitioner, Prakash Baburao Shahare, was employed as a Conductor with the Maharashtra State Road Transport Corporation (MSRTC) from 29.1.1992 against a post reserved for Scheduled Tribe category. He claimed to belong to the 'Binjhwar' tribe, which is a recognized Scheduled Tribe at Sr. No.10 in the Constitution (Scheduled Tribes) Order, 1950 for the State of Maharashtra. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur (respondent no.2) invalidated his caste claim on 16.10.2004. Apprehending termination from service, the petitioner filed the present writ petition challenging the invalidation order. By an interim order dated 11.11.2004, his service was protected, and the protection continued upon admission on 11.1.2005. As of the date of judgment, the petitioner had completed about 25 years of service. The petitioner alternatively sought protection in service based on Government Resolutions dated 15.6.1995 and 30.6.2004. The court, with the assistance of counsels, examined the impugned order and the submissions. The judgment upheld the invalidation of the caste claim but granted the alternative relief of protection in service, allowing the petitioner to continue in service with the benefit of the Government Resolutions.
Headnote
A) Caste Certificate - Scheduled Tribe - Invalidation - The claim of the petitioner for 'Binjhwar' Scheduled Tribe was invalidated by the Scrutiny Committee on 16.10.2004 - The court examined the validity of the invalidation and the petitioner's alternative prayer for protection of service under Government Resolutions dated 15.6.1995 and 30.6.2004 - Held that the invalidation was upheld but the petitioner was entitled to protection in service (Paras 1-3).
Issue of Consideration
Whether the petitioner's claim of belonging to 'Binjhwar' Scheduled Tribe was validly invalidated by the Scrutiny Committee, and if not, whether the petitioner is entitled to protection in service under Government Resolutions dated 15.6.1995 and 30.6.2004.
Final Decision
The court upheld the invalidation of the caste claim but granted the alternative relief of protection in service, allowing the petitioner to continue in service with the benefit of Government Resolutions dated 15.6.1995 and 30.6.2004.
Law Points
- Caste claim invalidation
- Scheduled Tribe certificate
- protection of service
- Government Resolutions 1995 and 2004
- alternative relief
Case Details
2017 LawText (BOM) (08) 150
Writ Petition No. 5410/2004
R.K. Deshpande, Mrs. Swapna Joshi
Mr. R.D. Karode for petitioner, Mrs. Geeta Tiwari, Assistant Government Pleader for respondent Nos.1 & 3, Mr. Saurabh Choudhari for UOI
State of Maharashtra, Scheduled Tribes Caste Certificate Scrutiny Committee, Maharashtra State Road Transport Corporation, Divisional Controller, MSRTC, Bhandara, Tribal Research and Training Institute
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Nature of Litigation
Writ petition challenging the invalidation of caste claim by the Scrutiny Committee and seeking protection of service.
Remedy Sought
Petitioner sought quashing of the invalidation order dated 16.10.2004 and alternatively protection in service under Government Resolutions dated 15.6.1995 and 30.6.2004.
Filing Reason
The petitioner's caste claim for 'Binjhwar' Scheduled Tribe was invalidated by the Scrutiny Committee, leading to apprehension of termination from service.
Previous Decisions
The Scrutiny Committee invalidated the caste claim on 16.10.2004. An interim order dated 11.11.2004 protected the petitioner's service, continued upon admission on 11.1.2005.
Issues
Whether the invalidation of the petitioner's caste claim by the Scrutiny Committee was valid?
Whether the petitioner is entitled to protection in service under Government Resolutions dated 15.6.1995 and 30.6.2004?
Submissions/Arguments
Petitioner argued that his caste claim was valid and the invalidation was erroneous.
Alternatively, petitioner sought protection in service based on Government Resolutions dated 15.6.1995 and 30.6.2004.
Ratio Decidendi
The invalidation of the caste claim was upheld, but the petitioner was entitled to protection in service under Government Resolutions dated 15.6.1995 and 30.6.2004, considering his long service of about 25 years.
Judgment Excerpts
The claim of the petitioner for ‘Binjhwar’ which is a recognized Scheduled Tribe at Sr. No.10 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra, was invalidated by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur/respondent no.2, on 16.10.2004 and hence the same is the subjectmatter of challenge in this petition.
The petitioner, therefore, alternatively seeks protection in service on the basis of the Government Resolutions dated 15th June 1995 and 30th June, 2004.
Procedural History
The petitioner filed Writ Petition No. 5410/2004 challenging the invalidation order dated 16.10.2004. An interim order dated 11.11.2004 protected his service, and the matter was admitted on 11.1.2005. The judgment was delivered on 1.8.2017.
Acts & Sections
- Constitution (Scheduled Tribes) Order, 1950: Sr. No.10
