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2014 DIGILAW 460 (BOM)

Pravin v. Principal, Shrikrishnadas Jajoo Grameen Seva Mahavidyalaya

2014-02-20

A.S.CHANDURKAR, B.R.GAVAI

body2014
JUDGMENT B.R. Gavai, J. 1. Rule. Rule is made returnable forthwith. Heard by consent of both the parties. The petition arose out of the peculiar facts and circumstances. The petitioner was appointed as a Lecturer in the Sociology in the respondent No. 1-College against the vacancy reserved for Scheduled Tribe. The petitioner secured employment on the basis of 'Chattri' Scheduled Tribe. The services of the petitioner came to approved by the Deputy Director of Education, Nagpur vide approval dated 15th of July, 1996. The petitioner thereafter continued in service. However, in the meantime, the petitioner's claim was forwarded to the Scheduled Tribe Caste Certificate Scrutiny Committee. 2. The petitioner's claim was not decided by the Scheduled Tribe Caste Certificate Scrutiny Committee. The petitioner was, therefore, served with a show cause notice dated 6th of June, 2013, thereby calling upon him to submit the validity certificate. It was further communicated that on failure to do so his services shall stand terminated. 3. However, in the meantime, the petitioner has given up his claim to be belonging to Scheduled Tribe and claimed to be belonging to Other Backward Class. 4. We have made a specific query to Shri Pathak, the learned counsel for the Management regarding the validity of services rendered by the petitioner. The learned counsel, on instructions, states that there is no grievance regarding the validity of the services of the petitioner. 5. In view of the peculiar facts and circumstances, we find that particularly when the petitioner has rendered services for almost more than 18 years and if he has already been held belonging to other Backward Class by the competent Authority and further that the Management has no grievance regarding his services, the services of the petitioner need to be protected. The caste validity certificate is placed on record and marked as "X" for identification. 6. In that view of the matter, we direct that the petitioner's services shall be protected. However, we direct that the petitioner should be accommodated against a post reserved for Other Backward Class and hereinafter as and when a post is available for O.B.C. category, the same may be filled by the category belonging to the Scheduled Tribe. Rule is made absolute in the above terms. No order as to costs.