Murlidhar Arjun Neware v. State Of Maharashtra

B.R. Gavai, J.:— Rule. Rule made returnable forthwith. Heard by consent.

2. The petitioner has approached this Court being aggrieved by the order dated 2.1.2006 whereby the claim of the petitioner of belonging to Gond Gowari Scheduled Tribe is invalidated.

3. Mr. Parsodkar, learned counsel appearing on behalf of the petitioner does not press the petition insofar as invalidation of his caste claim is concerned, however, restricts the claim in the petition for protection of the petitioner's services in view of the judgment of the Full Bench of this Court in the case of Arun v. State of Maharashtra reported in 2015 (1) Mh.L.J. 457.

4. Undisputedly the petitioner has been appointed on 27.04.1992. The Full Bench in the case cited supra has held that all such appointments which have been subsisting for long period and wherein no element of fraud has been found, are entitled to protection of their services.

5. Undisputedly, there is no finding of fraud insofar as the present petitioner is concerned. In that view of the matter, we are inclined to partly allow the petition.

6. The order of the Scrutiny Committee insofar as the invalidation of the claim of the petitioner is concerned, the same has been upheld. However, the petitioner's appointment shall stand protected. However, it is made clear that the petitioner shall not be entitled to any of the benefits of Scheduled Tribe. It is further made clear that the petitioner's appointment should be considered against the post reserved for Special Backward Class if the petitioner produces the validity certificate in that regard within a period of three months' from today. If the petitioner fails to produce such certificate, his appointment shall be considered against the open category.

7. Rule is made absolute in the aforesaid terms. No costs.