Petitioner sought direction for service protection based on an invalidated Scheduled Tribe certificate. Court dismissed the petition due to 10-year inordinate delay and settled law that invalidated certificates preclude service protection claims. Case deemed devoid of merits.
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2 wp 5176.14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5176 of 2014
Sunil Sukhadev Nanavare versus The State of Maharashtra and ors.
…..Petitioner …..Respondents
Mr. R. K. Mendadkar, advocate for the petitioner. Mr. S. B. Kalel, AGP for the State.
Mr. Vijay Killedar, advocate for the respondent Nos. 2 and 3.
| CORAM | : RANJIT MORE & |
|---|---|
| SMT.ANUJA PRABHUDESSAI, JJ. | |
| DATE | : 2ndAPRIL, 2018. |
P. C. :
Heard learned counsel and learned AGP appearing for the respective parties.
Shubhada S Kadam 1/2
2 wp 5176.14.doc
The order of the Caste Scrutiny committee dated 30th April, 2004 has attained finality in view of the fact that the petitioner's challenge to the said order has been rejected by the High Court as well as the Supreme Court. The present petition is filed in the year – 2014 after an inordinate delay of 10 years. There is no explanation for the inordinate delay. On this ground alone, we are not inclined to entertain this petition. That apart, now it is a settled position in law that on the basis of invalidated certificate, the petitioner cannot claim protection in services. The writ petition is devoid on any merits and the same is dismissed as such.
[SMT.ANUJA PRABHUDESSAI, J.] [RANJIT MORE, J.]
Shubhada S Kadam 2/2
1 issue framed by the court
Whether a writ petition filed for protection of services based on an invalidated caste certificate after an inordinate delay of 10 years can be entertained?
Sunil Sukhadev Nanavare
The State of Maharashtra
Zilla Parishad Solapur
RANJIT MORE
ANUJA PRABHUDESSAI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
