Ku. Manjula Rambhau Khedkar v. Deputy Director And Member Secretary Scheduled Tribe Caste Scrutiny Committee Amravati And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 3727 OF 2016 (Ku. Manjula Rambhau Khedkar vrs. Deputy Director and Member Secretary Scheduled Tribe Caste Scrutiny Committee and ors) --------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judes's Order Coram, appearances, Court's Orders or directions and Registrar's order ---------------------------------------------------------------------------- Shri S.P.Palshikar, Advocate, for the Petitioner Ms. T. Khan, AGP for Respondent No.1 Shri A.P.Kalmegh, Advocate, for Respondent Nos.2 & 3 Coram : B.P.DHARMADHIKARI & Mrs. SWAPNA JOSHI, JJ Date : 30 th JANUARY, 2017.

The petitioner, now about 44 years old and therefore, most probably born some times in 1972, got caste certificate on 11.02.1992, showing that she belongs to Koli Mahadeo (Scheduled Tribe). On the basis of that certificate, she joined employment as per appointment order dated 26.07.1996.

Her caste claim has been invalidated on 23.05.2016.

The Scrutiny Committee has not found any of the school records of the petitioner

wp3727.16.sxw fabricated. Documents of ancestor are found to record caste as Koli or X-Koli.

In this situation, we find the petitioner entitled to grant protection in terms of the decision of the Full Bench, reported in 2015 (1) Mh.L.J. 457 (Arun Vishwanath Sonone vrs. State of Maharashtra). Subject to petitioner filing an undertaking with the Registry of this Court, with her employer and the Scrutiny Committee within a period of six weeks from today that neither she nor her progeny shall claim any benefit or status of Koli Mahadeo (Scheduled Tribe), her services shall remain protected in terms of the above referred Full Bench decision.

Writ petition is partly allowed and disposed of. No costs.

JUDGE JUDGE Rvjalit