Ku. Priya D/O Tukaram Morey, After Marriage Mrs. Priya W/O Prabhkar Apotikar v. State Of Maharashtra, Through Its Secretary, Department Of Education, Mumbai And 3 Others

FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3433/2016 (PRIYA TUKARAM MOREY VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.G. Joshi, counsel for the petitioner.

Ms Ritu V. Kalia, A.G.P. for the R-1 & 2.

Shri P.P. Thakre, counsel for the R-3 & 4.

CORAM : SMT.VASANTI A NAIK AND MRS.SWAPNA JOSHI, JJ.

DATE : AUGUST 11 , 2016.

Shri Joshi, the learned counsel for the petitioner, states that the issue involved in this case stands answered in favour of the petitioner by the unreported judgment of this Court in Writ Petition No.3729 of 2014 and Writ Petition No.4226 of 2014, decided on 12.02.2015 and 26.03.2015, respectively. It is stated that in those cases also, the petitioners had initially claimed to belong to Koli Mahadeo Scheduled Tribe and had subsequently secured the caste certificate of Koli caste and their claim of belonging to Koli caste, which falls in Special Backward Category was validated. It is stated that in the present case also, the petitioner had claimed to belong to Koli Mahadeo Scheduled Tribe and subsequently by giving up her claim, the petitioner claimed to belong to Koli caste and after securing a caste certificate to that effect, the petitioner's caste claim of belonging to Special Backward Category was validated.

The learned counsel for the respondents do not dispute the position of law as laid down by the Full Bench in the judgment reported in 2015(1) Mh.L.J. 457 (Arun Vishwanath Sonone Versus State of Maharashtra & Others) and the two aforesaid unreported judgments. It is stated that an appropriate order may be passed in this writ petition also.

Since the petitioner is in service as on date, we dispose of the writ petition with a direction to the respondent nos.3 and 4 to protect the services of the petitioner as Assistant Teacher on the condition that the petitioner furnishes an undertaking in this Court and before the respondent nos.3 and 4 that the petitioner would not claim the benefits meant for the Koli Mahadeo Scheduled Tribe, in future.

Order accordingly. No costs.

JUDGE JUDGE APTE

CERTIFICATE copy of original signed Judgment/Order.

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Uploaded on : 12.08.2016.