Organisation For The Rights Of Tribal, Through Its President, Shri Rajendra Dadaji Maraskolhe v. The State Of Maharashtra, Throughits Secretary, Tribal Development Department, Mumbai And 4 Others

2803pil49.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PUBLIC INTEREST LITIGATION NO.49 OF 2018 (Organisation for the Rights of Tribal vs. The State of Maharashtra and others) ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Shri P.S. Wathore, Advocate for petitioner.

Shri M.K. Pathan, Assistant Government Pleader for respondent nos.1 to 4.

-------- CORAM : B.R. GAVAI AND ROHIT B. DEO, JJ.

DATED : MARCH 28, 2018 The present petition, in effect, has been filed with regard to non removal of one Pachusingh Lagji Bassi from his service.

It is the contention of the petitioner that the claim of the said person that he should not be treated as appointed on account of his belonging to Scheduled Tribe has been rejected by this Court and though special leave petition has also been rejected, yet he is not removed from service. It is submitted that this would amount to deprivation of right of a genuine candidate belonging to Scheduled Tribe.

The Apex Court in the case of Girjesh Shrivastava and others vs. State of Madhya Pradesh and others {(2010) 10 SCC 707} has held in unequivocal terms that in service matters, public interest litigation would not be maintainable.

Eligible candidate from Scheduled Tribe

2803pil49.18 2/2 category, who has been deprived of his claim on account of continuation of Pachusing s/o Lagji Bassi, can very well raise his grievance in appropriate proceedings. However, public interest litigation at the instance of a busybody would not be tenable.

The public interest litigation is, therefore, rejected.

JUDGE JUDGE khj