Ku. Usha Narayan Churhe, Smt. Usha Rajesh Kailabag v. Deputy Director (R) And Member Secretary, Scheduled Tribe Caste Cert. Scrutiny Commi. Nagpur And Or

wp2921of17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 2921 of 2017 (Ku. Usha Narayan Churhe ..vs.. Deputy Director ® & Member Secretary, Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur) ______________________________________________________________________________ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Shri. Shailesh Narnaware, Advocate for petitioner. Smt. Kalia, AGP for respondent no.1.

CORAM : B.P.DHARMADHIKARI & R.B.DEO, JJ.

DATE : 22.06.2017.

Heard Shri Narnaware, learned counsel for petitioner, Smt. Learned AGP for respondent no.1 & 2, none appears for respondent no. 3, though served. Petitioner secured caste certificate dated 21.11.1985 when she was 15 years of age.

Petitioner came to be appointed with respondent nos. 2 & 3 as Junior College Teacher on 12.7.1996. Her caste claim was invalidated by the Scrutiny Committee on 17.4.2017.

It is not in dispute before us that the invalidation order does not record a finding of either fraud or forgery or the like.

wp2921of17.odt In this situation, in the light of Full Bench Judgment in the case of Arun s/o. Vishwanath Sonone Vs. State of Maharashtra, through its Secretary Department of Education, Mantralaya, Mumbai 32 and Ors reported in 2015 (1) Mh.L.J. 457, the petitioner is entitled for protection of employment. The services of the petitioner shall stand protected consistent with the judgment aforesaid, subject to the petitioner furnishing an undertaking before her employer, Scrutiny Committee and this Court within a period of six weeks to the effect that neither the petitioner nor her progeny shall claim status or benefit of 'Chhatri' (ST), within six weeks from today. Petition is partly allowed. No order as to cost. JUDGE JUDGE Belkhede, PA