Vijay Kishanrao Kurundkar and Anr. v. the State of Maharshtra and Ors.
Case brief
What is this about?
Petitioners challenged the regularization and seniority of respondents who entered service claiming Scheduled Tribe status before obtaining a valid certificate, later securing Special Backward Category status via Government Resolution of 1995, relying on state Act of 2001.
What the court decided
1 WP 6589 of 2011
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
Writ Petition No. 6589 of 2011 With Civil Application No.3732 of 2017 With Contempt Petition No.417 of 2017 In Civil Application No.3732 of 2017 In Writ Petition No.6589 of 2011
- Vijay Kishanrao Kurundkar, Age 41 years, Occupation : Service as A.E.-I, Medium Project Sub Division No.1, Naigaon, District Nanded, R/o House No.1-20-207, Town Market Area, Sathe Chowk, New Mondha, Nanded. 2) Prashant Purushottam Sant, Age 37 years, Occupation : Service as AE-I in Khadak-Purna Sub Division No.3, Takarkhed (Bhagile), Taluka Deulgaonraja, District Buldhana R/o Flat No.B-8, Prayag Nagar, Hari Om Apartments, Ambad Road, Jalna. .. Petitioners. Versus
- The State of Maharashtra, Through the Secretary, Water Resources Department, Mantralaya, Mumbai 400 032.
2 WP 6589 of 2011 2) The Secretary, Social Welfare Department, Mantralaya, Mumbai 400 032. 3) The Secretary, General Administration Department (Services, 16-B), Mantralaya, Mumbai 400 032. 4) The Secretary, Tribal Development Department Mantralaya, Mumbai 400 32. 5) Madhukar Mohanraoji Parate, Age 51 years, Occupation Service as Executive Engineer, Nagpur Medium Project Division, Bungalow No.13, Civil Lines, Nagpur. 6) Digambar Ganpatrao Barapatre, Age 45 years, Occupation Service as Executive Engineer, Lower Wardha Canal Division, Near Ring Road, Pimpri, Wardha. .. Respondents.
Shri. Ajay S. Deshpande, Advocate, for petitioners.
Issues for consideration
3 issues framed by the court
Whether protection under Government Resolution dated 15-6-1995 applies to a candidate appointed as a Scheduled Tribe who later obtained a Special Backward Category certificate.
Whether the Maharashtra Caste Certificate Act of 2001 invalidates the Government Resolution of 1995 regarding protection for wrongly classified Scheduled Tribe candidates.
Whether the Bombay High Court was empowered to intervene in or declare void the Government's decision to grant protection to such employees.
Parties & counsel
- petitioner
Vijay Kishanrao Kurundkar
- petitioner
Prashant Purushottam Sant
- respondent
State of Maharashtra
- respondent
The Secretary, Social Welfare Department
- respondent
The Secretary, General Administration Department
- respondent
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court
Bhausaheb Maharaj Shikshan Prasarak Mandal Wasunde Vs State of Mah andI Ors.
Mandakini Digambar Kulkarni Died Lrs Yogesh Digambar Kulkarni Vs the Record Signals Officer through the Record Officer and Others
Harisingh Tanasing Rajput Vs the State of Mah and Ors.
Nisar Ahmed Khan Vs the State of Maharashtra and Others