Vaishali Satish Patkar (Maiden Name Ku. Vaishali D/O Prabhakar Sangale) v. State Of Maharashtra,, Thr. Secretary, Department Of Education, Mumbai And Others

1 5 WP 7654.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 7654/2017 (Vaishali Satish Patkar Vs. State of Maharashtra & ors.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anil Mardikar, Sr. Counsel a/b Mr. Digvijay P. Singh, Advocate for petitioner.

Mr. N.R. Patil, AGP for respondent Nos. 1, 2 and 4. Mr. S.G. Deshpande, Advocate for respondent No.3. CORAM: NITIN W. SAMBRE AND M. M. NERLIKAR, JJ .

DATED : 11/07/2025.

Heard.

2.

The challenge in the petition is to the order dated 13.10.2017 passed by respondent No.2 Scheduled Tribe Certificate Scrutiny Committee, Amravati Division, Amravati. 3.

The claim of the petitioner was referred by her employer, i.e. respondent No.3, as the petitioner was appointed from "Koli Mahadeo" Scheduled Tribe Category. 4.

Learned counsel for the petitioner fairly concedes and gives up the claim. However, he submits that the petitioner is entitled for protection of service in view of the Government Policy.

5.

The fact remains that the petitioner is in service of the respondent for last almost 19 years and even this Court has protected the services of the petitioner.

6.

That being so, we deem it appropriate to permit the petitioner to approach before the employer seeking continuation/ protection of service. Needless to clarify that the services of the

2 5 WP 7654.17 petitioner can also be considered under 'Koli' Special Backward Category, provided certificate to that effect is produced by the petitioner before the employer.

7.

Let the aforesaid claim of the petitioner be considered upon the petitioner submitting on application to that effect within a period of four weeks from today.

8.

The claim of the petitioner be answered and communicated to the petitioner within a period of three months thereafter. Till then, the services of the petitioner shall not be disrupted.

9.

Petition stands disposed of in above terms. No costs. ( M. M. NERLIKAR , J.) ( NITIN W. SAMBRE , J.) Gohane