Vikas Rameshchandra Rajulwar v. The State Of Maharashtra And Others

913.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO. 11919 OF 2015 VIKAS RAMESHCHANDRA RAJULWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Vibhute Sunil M. AGP for Respondents 1 to 2: Mr. P.S. Patil Advocate for Respondents 3 and 4 :Mr. S. G. Sakolkar Advocate for Respondent No.5 : Mr. Y. V. Kakade

CORAM

: R. M. BORDE & K. L. WADANE, JJ.

DATE :

5th July, 2016 ORDER:

1.

Heard learned counsel for the respective parties.

2. Validation claim of the petitioner in respect of caste certificate issued to him certifying that he belongs to Chhatri Scheduled Tribe has been turned down by the Scheduled Tribe Certificate Scrutiny Committee by order dated 21.04.2007. The order passed by the Scrutiny Committee has been confirmed by the High Court in the judgment in Writ petition No. 3364/2007, decided on 9th January, 2008.

The petitioner claims that since he has been appointed as Lecturer in respondent No.4 College on the strength of his tribe certificate prior to the year 2000, he may be extended benefit in respect of protection of employment on the basis of the 1/2

913.odt judgment delivered by the Full Bench of this Court in the matter of Arun Vishwanath Sonone Vs. The State of Maharashtra and others reported in 2015 (1) MLJ 457. 3.

Normally this Court would have considered the request of the petitioner, however, there are certain compelling circumstances which do not persuade us to accept the request made by the petitioner. The petitioner has placed reliance for substantiating his claim on his school record, wherein entry in respect of his caste was earlier recorded as Shimpi, which has been scored out and written a Chhatri in a different ink. Since it does appear that the petitioner has placed reliance on the manipulated and forged record for substantiating his claim, this act of the petitioner dis-entitles him from claiming equitable relief on the basis of the Full Bench judgment cited above. Writ petition is devoid of substance and stand dismissed.

(K. L. WADANE, J.) (R. M. BORDE, J. ) JPC 2/2