Single judge This Court rejected the applicant's civil application seeking protection in service and direction to refer caste claim matter to a sub-committee. The Court held the prayer was wholly untenable and meritless as the caste claim issue was conclusively decided by this Court and the Supreme Court.
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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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO.5547 OF 2019 IN WRIT PETITION NO.2396 OF 2013
Pandurang s/o Shitalprasad Tiwari
..APPLICANT
VERSUS
The State of Maharashtra & ors.
..RESPONDENTS
Mr V. D. Salunke, Advocate for applicant; Mrs A. V. Gondhalekar, A.G.P. for respondent Nos.1 & 2; Mr K. J. Ghute Patil, Advocate for respondent Nos.3 & 4
CORAM : PRASANNA B. VARALE AND
R. G. AVACHAT, JJ.
DATE : 23rd July, 2019
ORAL ORDER:
Heard learned Counsel appearing on behalf of the applicant/petitioner.
"B) That respondents may kindly be directed to refer the matter of applicant to Ministerial Sub Committee established under Government Resolution dated 05/06/2018
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Exhibit "A-1", further directing the respondents to allow the applicant to continue in his post as a Shikshan Sevak treating it from open category till further decision of the committee.
C) Pending hearing and final disposal of this Writ Petition the respondent may kindly be directed to allow the applicant to work as a Shikshan Sevak till his claim is referred and decided by Ministerial Sub Committee under Government Resolution dated 05/06/2018."
It would be necessary for us to refer to certain facts so as to consider the application and the prayers.
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by an order dated 22/27th May, 2012, the same was rejected and the certificate issued in favour of the petitioner was confiscated by the Scrutiny Committee on the backdrop of invalidation of the caste certificate and rejection of claim was communicated to the Chief Executive Officer, Zilla Parishad to take action on termination of services of the petitioner and the action was taken on the basis of the decision of the Committee.
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passed by the Honourable the Apex Court shows that the petitioner had restricted his claim in respect of service only, having been appointed as a candidate against quota of project affected person. In the Apex Court, it was the submission of the petitioner that the issue that the petitioner's appointment against the quota of project affected person was not considered by the Division Bench of this Court. Accordingly, the Apex Court permitted the petitioner to move the High Court to seek appropriate relief. The Honourable the Apex Court, in clear words observed that it was not inclined to interfere in the order passed by the High Court and the Petition for Special Leave to Appeal was dismissed.
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(R. G. AVACHAT, J.) (PRASANNA B. VARALE, J.)
sjk
2 issues framed by the court
Whether the applicant is entitled to protection under Government Resolution dated 5th June, 2018 regarding his caste claim validity.
Whether the application for interim protection in employment pending a scrutiny committee report is maintainable.
Pandurang Tiwari
The State of Maharashtra
PRASANNA B. VARALE
R. G. AVACHAT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
