Who is Grabbing Right of Scheduled Tribes?: Case of Invalidated Caste Certificates: FCI vs Jagdish Balaram Bahira: Part 7
State of Maharashtra & Anr. Vs. Mrs.Arundhati Suresh Ninawe & Anr.
Respondent obtained caste certificate of Halba Scheduled Tribe in 1995 and got appointment as lecturer in 1997. Scrutiny committee invalidated the certificate. High Court confirmed order of invalidation but granted protection of service in 2012. High Court order was set aside and appeal was allowed.
Mahatma Fule Krishi Vidyapeeth Vs. Nagnath Baburao Mangrule & Ors.
The respondent was appointed as an Agricultural Assistant on a post reserved for the Scheduled Tribes in 1996 on the basis of Caste certificate of Mahadeo Koli tribe of 1991. In 2011 respondent submitted his caste certificates and other documents for scrutiny before the scrutiny committee. Appellant initiated departmental enquiry and terminated his service in 2012 and scrutiny committee invalidated certificate in 2013. High Court confirmed order of invalidation but granted protection of service in 2014. High Court order was set aside and appeal was allowed.
Suresh S/o.Dewaji Vairagade Vs. The Controller General, Indian Bureau of Mines
Appellant obtained caste certificate in 1985 of Halba ST community. He was appointed as store keeper by respondent in 1988. In 2005 his certificate was invalidated. Respondent terminated his service on that basis. His high court petition was dismissed in 2009. There was no error in High Court judgment and appeal before Supreme Court was dismissed.
Rajendra S/o. Ramaji Mahisbadwe Vs. The Joint Commissioner and Vice-Chairman Scheduled Tribe, Caste Certificate Scrutiny Committee & Anr
Caste Certificate of Halba ST was obtained by appellant in 1988. He was appointed as a trainee technician in Air India on a post reserved for the Scheduled Tribes in 1997. Employer sought clarification from the Tahsildar Nagpur, which stated that the name of the appellant is not borne in the records, hence employer terminated his service. His certificate was invalidated in 2012 by the respondent. High court declined protection of service. In the absence of the caste validity certificate, the appointment of the Appellant cannot be held to have attained finality. Hence appeal was dismissed.
Chhaya d/o.Yadaorao Barapatre @ Chhaya W/o. Rajeev Dhakate Vs. The State of Maharashtra & Ors.
Appellant got Caste certificate in 1984 of Halba ST. She got appointed as junior lecturer in 1991 on a post reserved for ST category. This appointment was confirmed in 1997 by her employer. Scrutiny committee invalidated the certificate in 2012. High court declined the protection of service. As no error in High Court order hence appeal was dismissed.
Ravindra Govindrao Nagpurkar Vs. Secretary, Rajasthan Education Society Washim & Ors.
Appellant got caste certificate of Halba ST community in 1982. He got appointment as a Lecturer on a ST post in 1995. Caste certificate was invalidated in 2005. Service was terminated in 2006 after not getting response to show cause notice issued by respondent employer. Show cause notice was challenged by appellant in High Court, which was withdrawn. Then appellant approached University & College Tribunal, Nagpur, where his plea was dismissed. Then he again approached High Court. High Court declined protection of service. High court order had no errors hence appeal was dismissed.
Shri Shivaji Education Society & Anr. Vs. State of Maharashtra & Ors.
Third respondent of this matter was appointed as Assistant Teacher by the appellant on the basis of caste certificate belonging to Thakur schedule tribe on a ST post. His caste certificate was invalidated in 2008. While dismissing the writ petition challenging the order of the Scrutiny Committee the High Court in 2015 has none the less directed reinstatement of the third respondent subject to an undertaking that he would not claim the benefit of belonging to the Scheduled Tribe in future. Once the tribe claim of the respondent has been held to be false, the judgment of the High Court is unsustainable for the reasons indicated in the body of this judgment. The Civil Appeal is accordingly allowed and the judgment and order of the High Court was set aside.
Hindustan Aeronautics Limited Vs. Murlidhar Arjun Neware and Anr.
On the basis of caste certificate of Gondgowari tribe, respondent was appointed on the post of Assistant Engineer (Grade-I) reserved for the Scheduled Tribes in 1992. In 2004 his caste certificate was invalidated in 2004. In reinvestigation, it was again invalidated in 2006. High Court upheld cancellation of caste certificate but granted protection of service in 2015. Order of High Court was held erroneous by Supreme Court and set aside.
India Trade Promotion Organisation Vs. Vivekkumar Lajjashankar Chaurasiya
Respondent had caste certificate of Nagawanshi Scheduled Tribe, which was invalidated by the scrutiny committee in 2013. The respondent was appointed on a post reserved for the Scheduled Tribes. High Court granted reinstatement to the respondent in 2015. High court order was set aside and appeal of employer was allowed.
Mumbai Metropolitan Region Development Authority Vs. Rajendra Ramchandra Dhakate & Anr.
Respondent’s Certificate of Halba ST community was invalidated by the scrutiny committee in 1998. Documents submitted by the respondent were manipulated and fabricated. He was appointed on ST post on the basis of that certificate. His service was terminated accordingly. High court erred in passing or reinstatement of respondent. High Court order was set aside and appeal was allowed.
State of Maharashtra Vs.Vasant, s/o.Gyandeo Gonnade
On the basis of caste certificate of Halba Koshti community, respondent was appointed as junior engineer in 1982. The certificate was invalidated in 1985 by the scrutiny committee. He challenged the decision of committee before high court which was dismissed. He approached to Divisional Commissioner, Nagpur in 1987, where matter was remand back to committee again. In its reinvestigation committee found that he did not belong to ST category and cancelled his certificate in 1989. Additional Divisional Commssioner Nagpur also dismissed his appeal in 1990. Then he again approached High Court, where writ petition was allowed by holding that the respondent belongs to the Halba Koshti caste but that was made subject to the decision in Milind case in 1995. He got promoted as Assistant Executive Engineer in 1995. In 1999 he was promoted to Executive Engineer. His promotion and services were protected as open category candidate. As per GR of year 2005, 2009 ad 2014 he was given fair place in seniority accordingly. Hence he filed writ before High Court and High court granted order to place the respondent in the cadre of Assistant Engineer with effect from 1987 on the basis of Arun Sonone case. Order of High Court was set aside and appeal was allowed.