Writ petition against valid for notice requiring caste certificate submission despite invalidated tribe claim holding protected service by applying precedent and setting aside notice.
Impugned notice dated 29.6.2013 quashed and set aside; petitioner to file undertaking not to claim reservation benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO.8371 OF 2013
Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's orders
Mr.A.B.Chalak, advocate holding for Mr.S.B.Talekar, advocate for the petitioner. Mrs.P.J.Bharad, Asstt.Govt.Pleader for the State. Mr.D.S.Bagul, advocate for Respondent No.3.
CORAM : S.V.GANGAPURWALA & V.K.JADHAV, JJ. Date : 24.11.2014.
PER COURT :
the Respondent No.3 directing him to submit the caste certificate and the validity certificate of the caste to which he belongs after the invalidation of his tribe claim.
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category. Even the seniority list shows that the petitioner is considered from open category. As such learned counsel submits that his service be protected. The learned counsel relies on the judgment of the Apex Court in a case of “Kavita Solunke Vs. State of Maharashtra and others” reported in 2012 (5) Mh.L.J.921 .
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b) The Writ petition is accordingly disposed of. No costs.
(V.K.JADHAV,J.) (S.V.GANGAPURWALA,J.)
Dt.24.11.2014. asp/office/wp8371.13
3 issues framed by the court
Whether service of a gazetted employee whose tribe claim was invalidated can be protected despite subse quent circulars requiring caste certificate submission?
Whether the notice directing submission of caste certificate after invalidation of tribe claim is maintainable?
Whether protection under Apex Court precedent适用于 appointed prior to 1995 despite service incapacity claims?
Colour shows how this judgement treated each authority
Kavita Solunke Vs. State of Maharashtra and othersReferred¶16
2012 (5) Mh.L.J.921 · Who else cites this
Shalini Vs. New English High Sch. Assn. And othersApplied¶18
2014 (2) Mh.L.J.913 · Who else cites this
S.B. Talekar
State of Maharashtra
Respondent No.3
S.V. Gangapurwala
V.K. Jadhav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
