Case Note & Summary
The petitioner, Prabhu Devidas Nannaware, was appointed on compassionate ground in the open category by the Maharashtra State Electricity Distribution Company Limited (MSEDCL) after his father took voluntary retirement on medical grounds. He possessed a caste certificate showing he belonged to the Mana Scheduled Tribe category. The employer forwarded his caste certificate to the Scheduled Tribe Caste Scrutiny Committee, Gadchiroli, for issuance of a validity certificate. The Scrutiny Committee passed an order on 08.10.2012, which the petitioner challenged in this writ petition. The High Court observed that the exercise of forwarding the caste validity certificate to the Scrutiny Committee was futile because the petitioner was appointed from the open category on compassionate ground, not as a Scheduled Tribe candidate. He had not been promoted nor claimed any promotion as a Scheduled Tribe candidate. The respondent-employer's counsel stated that there was no question of terminating the petitioner's services for non-production of a caste validity certificate since he was appointed from the open category. In view of these facts, the Court set aside the Scrutiny Committee's order, leaving all questions regarding the validity of the caste certificate open to be decided in future if such occasion arises. The writ petition was allowed, and the rule was made absolute with no order as to costs.
Headnote
A) Service Law - Caste Validity Certificate - Open Category Appointment - Petitioner appointed from open category on compassionate ground, not claiming any benefit as Scheduled Tribe - Scrutiny Committee's order invalidating caste certificate held futile and set aside - Questions of validity left open for future if occasion arises (Paras 1-4).
Issue of Consideration
Whether the order of the Scrutiny Committee invalidating the caste certificate of a petitioner appointed from open category on compassionate ground should be set aside as futile.
Final Decision
Writ petition allowed. Order dated 08.10.2012 passed by the Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli quashed and set aside. Question of validity of caste certificate kept open for future if occasion arises. Rule made absolute. No order as to costs.
Law Points
- Caste validity certificate
- Open category appointment
- Compassionate appointment
- Futile exercise
- No termination threat
Case Details
2017 LawText (BOM) (11) 141
WRIT PETITION NO. 2082 OF 2013
R. K. Deshpande, M. G. Giratkar
Ms. Priti Rane for petitioner; Shri A.D. Mohgaonkar for respondent nos. 1 and 2; Shri N.S. Rao, AGP for respondent no. 3
The Executive Engineer, O&M Circle, MSEDCL, Warora; The Superintending Engineer, O&M Circle, MSEDCL, Chandrapur; The Scheduled Tribe Caste Scrutiny Committee, Gadchiroli
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Nature of Litigation
Writ petition challenging order of Scheduled Tribe Caste Scrutiny Committee invalidating caste certificate.
Remedy Sought
Quashing of Scrutiny Committee order dated 08.10.2012.
Filing Reason
Petitioner's caste certificate was forwarded to Scrutiny Committee despite his open category appointment; Committee invalidated certificate.
Previous Decisions
Scrutiny Committee passed order on 08.10.2012 invalidating caste certificate.
Issues
Whether the Scrutiny Committee's order invalidating caste certificate is sustainable when petitioner was appointed from open category on compassionate ground and not claiming any benefit as Scheduled Tribe.
Submissions/Arguments
Petitioner's counsel argued that forwarding caste certificate to Scrutiny Committee was futile as petitioner was appointed from open category.
Respondent-employer's counsel stated no termination threat for non-production of caste validity certificate.
Ratio Decidendi
When a petitioner is appointed from open category on compassionate ground and does not claim any benefit as a Scheduled Tribe candidate, the exercise of forwarding the caste certificate to the Scrutiny Committee for validity is futile, and any order invalidating the certificate is liable to be set aside, leaving the question of validity open for future if occasion arises.
Judgment Excerpts
we find that the exercise of forwarding the caste validity certificate of the petitioner showing that he belongs to Mana – Scheduled Tribe category to the Scrutiny Committee for issuance of validity certificate was futile.
Shri Mohgaonkar, the learned counsel appearing for respondentemployer also makes a statement that there is no question of terminating the services of the petitioner for non production of caste validity certificate, as the petitioner was appointed from open category.
Procedural History
Petitioner filed writ petition in 2013 challenging Scrutiny Committee order dated 08.10.2012. Heard on 03.11.2017 and allowed.
