Dismissed

The President Nivrati Seva Sangh and Anr. v. Ms. Kalmunisa Ibrahim Inamdar and Anr.

Bombay HC22 Jan 2015RPW/8/2015

Case brief

AI extract

What is this about?

This review petition challenged a judgment dismissing an original writ petition regarding the petitioner's claim for reinstatement based on caste reservation changes. The High Court found no error apparent on the face of the record to warrant review and dismissed the petition, also rejecting the prayer for a stay.

What did the court decide?

The Review Petition and the prayer for stay were dismissed.

The President Nivrati Seva Sangh and Anr. Vs Ms… — Service and Employment | Bombay HC (2015)

¶1

906RPW8_2015.doc

¶2

Vidya Amin

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

REVIEW PETITION NO. 8 OF 2015 IN WRIT PETITION NO. 5250 OF 2014

¶5

The President, Nivrati Seva Sangh & Anr.

¶6

… Petitioners

¶7

vs.

¶8

Ms. Kalmunisa Ibrahim Inamdar & Anr.

¶9

… Respondents

¶10

Mr. Surel S. Shah, Advocate for the petitioner. Mr. G.M. Savagave with Suman Lengare, Advocate for respondent no. 1. Ms. S.S. Bhende, AGP for respondent no. 2.

¶11

CORAM : SMT. VASANTI A. NAIK & C.V. BHADANG, JJ. DATE : 22^nd January, 2015.

¶12

P.C.

¶13

By this Review Petition, the applicants seek the review of the judgment and order dated 7^th January, 2015 in Writ Petition No. 5250 of 2014.

¶14

It is stated on behalf of the applicants that the original petitioner/non-applicant had secured the employment on a post reserved for the Other Backward Classes on a certificate of Muslim Kasab caste. It is stated that the service of the original petitioner was terminated, as

¶15

the caste claim was not verified. It is stated that the Scrutiny Committee has now granted a validity certificate that the original petitioner belongs to Muslim Mulani caste, which also falls under the Other Backward Classes.

¶16

1 of 3

¶17

906RPW8_2015.doc

¶18

The only ground for seeking the review of the order is that, at the relevant time, when the original petitioner was appointed, Muslim Mulani caste did not fall under the Other Backward Classes.

¶19

On hearing the learned counsel for the parties and on a perusal of the order that is sought to be reviewed, we do not find that the order suffers from any error apparent on the face of the record. The original petitioner’s caste claim has been verified and it is held by the Scrutiny Committee that the original petitioner belongs to Muslim Mulani caste, which falls under the Other Backward Classes. Since the original petitioner was appointed on a post ear-marked for the Other Backward Classes, in view of the change in circumstances, the petitioner was entitled for reinstatement in service on the validity of his caste claim.

¶20

Since no ground has been made out for reviewing the order that is sought to be reviewed, we dismiss the Review Petition.

¶21

A prayer is made by the learned counsel for the applicants for staying the order that is sought to be reviewed on the ground that the applicants are interested in challenging the order of the Scrutiny Committee granting validity certificate in favour of the original petitioner. We are surprised as we have never seen an employer doing this in any

¶22

2 of 3

¶23

906RPW8_2015.doc

¶24

matter. The prayer for staying the order that is sought to be reviewed is

¶25

rejected.

¶26

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.)

¶27

3 of 3

The President Nivrati Seva Sangh and Anr. v. Ms. Kalmunisa Ibrahim Inamdar and Anr.

Case brief

What is this about?

What did the court decide?

The President Nivrati Seva Sangh and Anr. v. Ms. Kalmunisa Ibrahim Inamdar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Zaibunnisa Malik Vs Maharashtra State Board for Technical Education and Anr.

Shri. Machindra Balashaeb Gaikwad Vs the State of Maharashtra and Ors.

Shree Bhairavnath Sahkari Matsya Vyavasaik Sanstha Maryadit, Thruogh Chairman, Mr. Balasaheb P. Mor Vs State of Maharashtra, through Secretary, Agriculture, Animal Husbandry and Ors.

Shri. Patil Anilkumar Revansiddha and Ors. Vs State of Maharashtra, through Secretary, Education Dept and Ors.

Somnath Sakharam Dhande Vs the President, Rayat Shikshan Sanstha, Satara and Ors.

Sunil Prabhakar Joshi Vs the President, Rayat Shikshan Sanstha, Satara and Ors.