Full Judgment Text
2009:BHC-AS:15734-DB
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6913 OF 2009
1. Smt.Savita Sitaram Pawar ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
Residing at Ladkatwadi
Taluka Daund
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate,
Purandar,
At post Saswad,
Taluka Purandar,
District - Pune
WITH
WRIT PETITION NO.6427 OF 2009
1. Dattatray Tukaram Koli ..Petitioner
Age : 35 years
Occupation : Assistant Teacher
Residing at Dalaj No.3
Taluka Indapur
District Pune
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V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate,
Purandar,
At post Saswad,
Taluka Purandar,
District - Pune
WITH
WRIT PETITION NO.6429 OF 2009
1. Sayajirao Pandurang Yewale ..Petitioner
Age : 31 years
Occupation : Assistant Teacher
Residing at Shelgaon
Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Deputy Collector
District Pune
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WITH
WRIT PETITION NO.6430 OF 2009
1. Smt.Vrushali Manikrao Bhujbal ..Petitioner
Age : 32 years
Occupation : Assistant Teacher
Residing at Tambe Nagar, MIDC
Baramati, Taluka Baramati
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Phaltan
District - Satara
WITH
WRIT PETITION NO.6431 OF 2009
1. Sopan Pandharinath Kamble ..Petitioner
Age : 43 years
Occupation : Assistant Teacher
Residing at Kalamb
Taluka Indapur
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
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Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Indapur
At post Taluka Indapur
District - Pune
WITH
WRIT PETITION NO.6432 OF 2009
1. Gajanan Bapurao Bade ..Petitioner
Age : 35 years
Occupation : Assistant Teacher
Residing at Anandghan
Post Junction,
Taluka Indapur
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, North
Solapur, Taluka North
Solapur, District Solapur
WITH
WRIT PETITION NO.6433 OF 2009
1. Rajendrakumar Amrutrao Pawar ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Junction
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Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Indapur
At post Taluka Indapur
District - Pune
WITH
WRIT PETITION NO.6434 OF 2009
1. Mrs.Nirmala Eknath Kamble ..Petitioner
Age : 37 years
Occupation : Assistant Teacher
Residing at Kazad
Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Patan
Taluka Patan
District Satara
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WITH
WRIT PETITION NO.6436 OF 2009
1. Smt.Swati Shrihari Pawal ..Petitioner
Age : 31 years
Occupation : Assistant Teacher
Residing at At Post Junction
Taluka Indapur,
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, North
Solapur, Taluka - North
Solapur, District - Solapur
WITH
WRIT PETITION NO.6437 OF 2009
1. Revannath Dattu Sarje ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Tambe Nagar,
MIDC Tandulwadi
Taluka Baramati
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Khed
At post Taluka - Rajgurunagar
District - Pune
WITH
WRIT PETITION NO.6915 OF 2009
1. Sanjay Devraoji Sorte ..Petitioner
Age : 42 years
Occupation : Livestock
Supervisor in Animal
Husbandary Department
At post Rajewadi
Taluka Purandar
District Pune
Residing at Rajewadi
Taluka : Purandar
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Wardha
Taluka and District : Wardha
WITH
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WRIT PETITION NO.6918 OF 2009
1. Rajendra Shrimant Bhandari ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Kadwe,
Taluka Velhe
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Shirur
At & post Shirur,
Taluka Shirur
District - Pune
WITH
WRIT PETITION NO.6919 OF 2009
1. Dattatray Dnyaneshwar Langhi ..Petitioner
Age : 38 years
Occupation : Assistant Teacher
at Bhor, District : Pune
Residing at Bholawade
Taluka : Bhor
District : Pune
V/s.
1.The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
Taluka : Bhor
District : Pune
WITH
WRIT PETITION NO.6920 OF 2009
1. Sampat Abaji Ranjane ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
at Wangani, Taluka : Velhe
District : Pune
Residing at Wangani,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
At post Taluka : Bhor
District : Pune
WITH
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WRIT PETITION NO.6921 OF 2009
1. Dnyaneshwar Gulab Dhanawade ..Petitioner
Age : 43 years
Occupation : Assistant Teacher
Residing at Warasgaon
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Haveli
Taluka : Haveli
District : Pune
WITH
WRIT PETITION NO.6922 OF 2009
1. Tanaji Babanrao Nailkar ..Petitioner
Age : 40 years
Occupation : Assistant Teacher
at Kalewadi, Taluka : Bhor
District : Pune
Residing at Misalwadi,
Post-Kenkawale,
Taluka Purandar
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
Taluka : Bhor
District : Pune
WITH
WRIT PETITION NO.6923 OF 2009
1. Babasaheb Anna More ..Petitioner
Age : 36 years
Occupation : Health Attendant
at Fhursungi, Taluka : Haveli
District : Pune
Residing at Gondhale Nagar
Saswad Road, Hadapsar,
Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Karmala
Taluka : Karmala
District : Solapur
WITH
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WRIT PETITION NO.6924 OF 2009
1. Sanjay Tukaram Narage ..Petitioner
Age : 38 years
Occupation : Assistant Teacher
at Patharwadi,Taluka : Purandar
District : Pune
Residing at Vishnupriya Shikshak
Society, Saswad, C-5,
Taluka : Purandar,
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At post Saswad,
Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6925 OF 2009
1. Smt.Suvarna Narayan Mane ..Petitioner
Age : 30 years
Occupation : Assistant Teacher
Residing at Karande,
Pimgle Vasti, Taluka : Daund
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Khatav
At post Vaduj
Taluka : Khatav
District : Satara
WITH
WRIT PETITION NO.6926 OF 2009
1. Anil Dinkar Gaikwad ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
at Kurungwadi
Taluka : Bhor
District : Pune
Residing at Khopi,
Taluka : Bhor
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
At post Taluka : Bhor
District : Pune
WITH
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WRIT PETITION NO.6927 OF 2009
1. Bapurao Ganpati Mane ..Petitioner
Age : 57 years
Occupation : Supervisor
Centre Head
Residing at Bhigwan
Taluka : Indapur
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Miraj
At post Taluka : Miraj
District : Sangli
WITH
WRIT PETITION NO.6928 OF 2009
1. Gorakh Dnyandev Gaikwad ..Petitioner
Age : 39 years
Occupation : Assistant Teacher
Residing at Waluj
Taluka : Daund
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
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Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Daund
At post Taluka : Daund
District : Pune
WITH
WRIT PETITION NO.6929 OF 2009
1. Sandeep Bajrang Darekar ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Malsiras
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At Saswad, Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6930 OF 2009
1. Yeshwant Dattatray Dhumal ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
Residing at Mose (Budruk)
Taluka : Daund
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District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Phaltan
Taluka : Phaltan
District : Satara
WITH
WRIT PETITION NO.6931 OF 2009
1. Machindra Shrimant Bhandari ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Padalwadi,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Shirur
At & Post : Shirur
Taluka : Shirur
District : Pune
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WITH
WRIT PETITION NO.6932 OF 2009
1. Sanjay Wamanrao Dhumal ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Mahur,
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At Saswad
Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6934 OF 2009
1. Shankar Bhausaheb Jorkar ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Velhe,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Velhe
Taluka : Velhe
District : Pune
WITH
WRIT PETITION NO.6938 OF 2009
1. Smt.Ujwala Janardan Rankhambe ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Ghatewadi,
Taluka : Purandar
District : Pune
Residing at Jejuri,
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At post Taluka : Saswad
District : Pune
WITH
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WRIT PETITION NO.7135 OF 2009
1. Smt.Kavita Madhukar Maundekar ..Petitioner
Age : 37 years
Occupation : Service
Clerk Education Department
Primary Section Zilla Parishad
Pune
Type 3/15, India Metrological
Department Colony, Pashan
Pune 411 008
V/s.
1. The State of Maharashtra ..Respondents
2. The Chief Executive Officer
Zilla Parishad, Pune
Yashwantrao Chavan Bhavan,
Pune 411 001
3. The Executive Magistrate
Nagpur, At Post Taluka
District : Nagpur
Mr.P.B.Kakade, Advocate, for the petitioners
Mr.Vinay Masurkar, Government Pleader and
Mr.C.R.Sonawane, Assistant Government Pleader, for
respondent Nos.1 & 3
Mr.Nitin Deshpande, Advocate, for respondent No.2
CORAM : S.B.MHASE &
R.M.SAVANT, JJ.
DATE : 2ND SEPTEMBER,2009
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ORAL JUDGMENT ( PER R.M.SAVANT, J. )
. Rule, with the consent of the parties made
returnable forthwith and heard.
2. The above Writ Petitions involve a common
question and are therefore, dealt with together and
disposed of. In Writ Petition Nos.6427 of 2009,
6429 of 2009 to 6434 of 2009, 6436 of 2009 and 6437
of 2009, Rule has already been issued. However,
since the issue involved in the aforesaid Writ
Petitions and in Writ Petition No.6913 of 2009 and
the other companion matters is identical, we
thought it proper to place the said Writ Petitions
in which Rule has been issued also for hearing with
the consent of the learned counsel for the parties.
3. All the petitioners above named have
approached this Court against the direction of the
respondent No.2 Zilla Parishad calling upon the
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petitioners to submit their Caste Certificates by
th
27 July, 2009, so that the same can be referred to
the concerned Caste Scrutiny Committee for
consideration of the validation of the Caste claim,
as each of the petitioner in the above Writ
Petitions has been appointed in a post meant for
the reserved category.
4. The facts in Writ Petition No.6913 of 2009
are referred to for the sake of convenience. The
petitioner in the said Writ Petition came to be
st
appointed on 1 December, 1995, as an Assistant
Teacher by the respondent No.2. The respondent No.
th
2 by letter dated 15 July, 2009, directed the
th
petitioner to submit her Caste Certificate by 27
July, 2009, so that the same could be sent for
verification to the concerned Caste Scrutiny
Committee for validation. The said communication
th
dated 15 July, 2009, has been impugned in the said
Writ Petition, similar communications have been
impugned in the other Writ Petitions including the
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Writ Petitions in which Rule has been issued.
5. The principal contention of the learned
counsel for the petitioners is that after a passage
of almost 14 years the petitioners' Caste claim
could not be referred to the Caste Scrutiny
Committee. In the event if the Certificates on
which the petitioners rely are invalidated, the
same would cause prejudice to the petitioners, as
the petitioners then would not be in a position to
seek employment elsewhere on account of the age
bar. The learned counsel for the petitioners
relies upon two Division Bench Judgments of this
Court reported in in the matter
1999(1) Mh.L.J.536
of
CHANDRABHAN YAMAJI NANDANWAR vs. DIRECTOR OF
HEALTH SERVICES, MAH.STATE, BOMBAY and others and
Judgment of the Division Bench reported in 2002(4)
Mh.L.J.365 in the matter of ANIL VASANTRAO
SHIRPURKAR vs. STATE OF MAHARASHTRA and others . It
has been held in the aforesaid two Judgments that a
reference to the Caste Scrutiny Committee by the
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employer should be made within a reasonable time
and in the Judgment in (Supra),
CHANDRABHAN'S Case
it is held that if the person is appointed in the
Government or Semi Government Organisation from the
reserved Category availing the benefits extended to
such Category in the employment, the employer is
required to make a reference for verification of
the Caste Certificate of such employee to the Caste
Scrutiny Committee within a period of two years,
which is normally prescribed for confirmation of
services of the probation and if the reference is
made after the period of two years, the same was
held to be in violation of Article 14 of the
Constitution of India being beyond a reasonable
period. The Division Bench in
ANIL VASANTRAO
SHIRPURKAR'S case (supra) relied on the law laid
down in CHANDRABHAN'S Case (supra) and also
concluded that the person, who is appointed in the
Government or Semi Government employment, normally
remains on probation for a period of two years and
before completion of the period of probation the
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employer should initiate proceedings for reference
of the Caste Certificate of such employee for
verification by the Caste Scrutiny Committee.
6. After the said two Division Bench
Judgments, the matter was referred to a larger
Bench in view of the reference made in Writ
rd
Petition No.786 of 2002 by Order dated 3 February,
2003 and in Writ Petition No.1598 of 2003 by Order
th
dated 17 April, 2003, by the Division Benches
sitting at Nagpur. Accordingly, the Full Bench of
this Court has considered the said issue and after
holding that the doctrine of reasonable time of two
years is not mandatory in nature and is a rule of
prudence as laid down by the Division Benches of
this Court and therefore even from the said point
of view there was no inconsistency as such with the
Judgment of the Apex Court in
G. Sudarshan's (1995)
case the Full Bench has concluded that if
4 SCC 644
there is delay in making reference for some valid
reason, the reference made by the employer beyond
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the period of two years is neither invalid nor any
Order passed by the Caste Scrutiny Committee on
such reference is null and void. The conclusion of
the Full Bench is in paragraph 47 of the Judgment
which is reproduced herein under.
47. A careful scrutiny or the
judgments and the law laid down by
this Court in cases of Chandrabhan
Nandanwar's case (supra), Anil
Shirpurkar's case (supra) and
Prakash Pralhad Ingle's case
(supra) as well as the law laid
down by the Apex Court in cases of
G. Sudarsan (supra) and Central
Excise, Jaipur (supra), the
conclusion, which we have arrived
at the legal proposition which
finally emerges, is summarized, in
nutshell, as follows :
The employer/Government,
is required to refer the Caste
Certificate of its employee for
verification to the Caste Scrutiny
Committee as early as possible
from the date of the order of
appointment of such employee.
However, if there is a delay in
making reference for some valid
reasons, the reference made by the
employer beyond the period of two
years is neither invalid, nor any
order passed by the Caste Scrutiny
Committee on such reference is
null and void. In case of an
employee, who has obtained a Caste
Certificate by playing fraud, the
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employer is entitled to refer the
caste claim of such employee to
the Caste Scrutiny Committee as
and when such fraud is detected
and the question of applying any
kind of limitation in this regard
does not arise.
We answer the reference
accordingly, place the Writ
Petitions before the Division
Bench for disposal on merits.
7. In view of the Full Bench Judgment reported
in in the matter of
2003(4) Mh.L.J.233 PRAKASH
NAMDEORAO KEDAR and others vs. UNION OF INDIA and
, the petitioners cannot rely upon the
others
Division Bench Judgments of this Court (Supra) in
support of their contention that a reference to the
Scrutiny Committee made after a period of two years
of appointment is bad. Therefore, the submission
advanced on behalf of the petitioners that a
reference could not be made after a period of 14
years cannot be countenanced. At this stage, it
would also be useful to refer to the Judgment of
the Apex Court reported in
AIR 2005 SUPREME COURT
in the matter of
3395(1) Bank of India and another
. In the said
v. Avinash D. Mandivikar and others
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Judgment the Apex Court has held that if the Caste
claim is based on a fraud, then even though a
reference is made belatedly, the same would not
affect the legality of the reference made as fraud
permeates the entire proceedings.
8. It is pertinent to note that none of the
petitioners abovenamed have submitted their Caste
Certificates to the respondent No.2, though each of
them has been appointed in a post meant for the
reserved Category, and even though the respondent
No.2 has asked the petitioners to submit their
Caste Certificates after almost 10 to 14 years of
their employment, in view of the pronouncement of
the Full Bench of this Court (Supra) as well as
Judgment of the Apex Court (Supra), in our view,
the action of the respondent No.2 cannot be faulted
with. In our view, therefore, there is no merit in
the above Writ Petitions, which are accordingly
dismissed. Rule in all the above Writ Petitions
to stand discharged.
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9. However, the petitioners are granted time
st
upto 31 October, 2009, to submit their Caste
Certificates to the respondent No.2. The
respondent No.2 shall thereafter refer the said
Certificates to the concerned Caste Scrutiny
Committee for verification and request the
concerned Caste Scrutiny Committee to expedite the
process of verification.
( R.M.SAVANT, J.) ( S.B.MHASE, J. )
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6913 OF 2009
1. Smt.Savita Sitaram Pawar ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
Residing at Ladkatwadi
Taluka Daund
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate,
Purandar,
At post Saswad,
Taluka Purandar,
District - Pune
WITH
WRIT PETITION NO.6427 OF 2009
1. Dattatray Tukaram Koli ..Petitioner
Age : 35 years
Occupation : Assistant Teacher
Residing at Dalaj No.3
Taluka Indapur
District Pune
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2
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate,
Purandar,
At post Saswad,
Taluka Purandar,
District - Pune
WITH
WRIT PETITION NO.6429 OF 2009
1. Sayajirao Pandurang Yewale ..Petitioner
Age : 31 years
Occupation : Assistant Teacher
Residing at Shelgaon
Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Deputy Collector
District Pune
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3
WITH
WRIT PETITION NO.6430 OF 2009
1. Smt.Vrushali Manikrao Bhujbal ..Petitioner
Age : 32 years
Occupation : Assistant Teacher
Residing at Tambe Nagar, MIDC
Baramati, Taluka Baramati
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Phaltan
District - Satara
WITH
WRIT PETITION NO.6431 OF 2009
1. Sopan Pandharinath Kamble ..Petitioner
Age : 43 years
Occupation : Assistant Teacher
Residing at Kalamb
Taluka Indapur
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
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4
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Indapur
At post Taluka Indapur
District - Pune
WITH
WRIT PETITION NO.6432 OF 2009
1. Gajanan Bapurao Bade ..Petitioner
Age : 35 years
Occupation : Assistant Teacher
Residing at Anandghan
Post Junction,
Taluka Indapur
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, North
Solapur, Taluka North
Solapur, District Solapur
WITH
WRIT PETITION NO.6433 OF 2009
1. Rajendrakumar Amrutrao Pawar ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Junction
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5
Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Indapur
At post Taluka Indapur
District - Pune
WITH
WRIT PETITION NO.6434 OF 2009
1. Mrs.Nirmala Eknath Kamble ..Petitioner
Age : 37 years
Occupation : Assistant Teacher
Residing at Kazad
Taluka Indapur
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Patan
Taluka Patan
District Satara
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6
WITH
WRIT PETITION NO.6436 OF 2009
1. Smt.Swati Shrihari Pawal ..Petitioner
Age : 31 years
Occupation : Assistant Teacher
Residing at At Post Junction
Taluka Indapur,
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, North
Solapur, Taluka - North
Solapur, District - Solapur
WITH
WRIT PETITION NO.6437 OF 2009
1. Revannath Dattu Sarje ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Tambe Nagar,
MIDC Tandulwadi
Taluka Baramati
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Khed
At post Taluka - Rajgurunagar
District - Pune
WITH
WRIT PETITION NO.6915 OF 2009
1. Sanjay Devraoji Sorte ..Petitioner
Age : 42 years
Occupation : Livestock
Supervisor in Animal
Husbandary Department
At post Rajewadi
Taluka Purandar
District Pune
Residing at Rajewadi
Taluka : Purandar
District Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Wardha
Taluka and District : Wardha
WITH
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8
WRIT PETITION NO.6918 OF 2009
1. Rajendra Shrimant Bhandari ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Kadwe,
Taluka Velhe
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Shirur
At & post Shirur,
Taluka Shirur
District - Pune
WITH
WRIT PETITION NO.6919 OF 2009
1. Dattatray Dnyaneshwar Langhi ..Petitioner
Age : 38 years
Occupation : Assistant Teacher
at Bhor, District : Pune
Residing at Bholawade
Taluka : Bhor
District : Pune
V/s.
1.The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
Taluka : Bhor
District : Pune
WITH
WRIT PETITION NO.6920 OF 2009
1. Sampat Abaji Ranjane ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
at Wangani, Taluka : Velhe
District : Pune
Residing at Wangani,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
At post Taluka : Bhor
District : Pune
WITH
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WRIT PETITION NO.6921 OF 2009
1. Dnyaneshwar Gulab Dhanawade ..Petitioner
Age : 43 years
Occupation : Assistant Teacher
Residing at Warasgaon
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Haveli
Taluka : Haveli
District : Pune
WITH
WRIT PETITION NO.6922 OF 2009
1. Tanaji Babanrao Nailkar ..Petitioner
Age : 40 years
Occupation : Assistant Teacher
at Kalewadi, Taluka : Bhor
District : Pune
Residing at Misalwadi,
Post-Kenkawale,
Taluka Purandar
District - Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
Taluka : Bhor
District : Pune
WITH
WRIT PETITION NO.6923 OF 2009
1. Babasaheb Anna More ..Petitioner
Age : 36 years
Occupation : Health Attendant
at Fhursungi, Taluka : Haveli
District : Pune
Residing at Gondhale Nagar
Saswad Road, Hadapsar,
Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Karmala
Taluka : Karmala
District : Solapur
WITH
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WRIT PETITION NO.6924 OF 2009
1. Sanjay Tukaram Narage ..Petitioner
Age : 38 years
Occupation : Assistant Teacher
at Patharwadi,Taluka : Purandar
District : Pune
Residing at Vishnupriya Shikshak
Society, Saswad, C-5,
Taluka : Purandar,
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At post Saswad,
Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6925 OF 2009
1. Smt.Suvarna Narayan Mane ..Petitioner
Age : 30 years
Occupation : Assistant Teacher
Residing at Karande,
Pimgle Vasti, Taluka : Daund
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
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13
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Khatav
At post Vaduj
Taluka : Khatav
District : Satara
WITH
WRIT PETITION NO.6926 OF 2009
1. Anil Dinkar Gaikwad ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
at Kurungwadi
Taluka : Bhor
District : Pune
Residing at Khopi,
Taluka : Bhor
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Bhor
At post Taluka : Bhor
District : Pune
WITH
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WRIT PETITION NO.6927 OF 2009
1. Bapurao Ganpati Mane ..Petitioner
Age : 57 years
Occupation : Supervisor
Centre Head
Residing at Bhigwan
Taluka : Indapur
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Miraj
At post Taluka : Miraj
District : Sangli
WITH
WRIT PETITION NO.6928 OF 2009
1. Gorakh Dnyandev Gaikwad ..Petitioner
Age : 39 years
Occupation : Assistant Teacher
Residing at Waluj
Taluka : Daund
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
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15
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Daund
At post Taluka : Daund
District : Pune
WITH
WRIT PETITION NO.6929 OF 2009
1. Sandeep Bajrang Darekar ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Malsiras
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At Saswad, Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6930 OF 2009
1. Yeshwant Dattatray Dhumal ..Petitioner
Age : 33 years
Occupation : Assistant Teacher
Residing at Mose (Budruk)
Taluka : Daund
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16
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Phaltan
Taluka : Phaltan
District : Satara
WITH
WRIT PETITION NO.6931 OF 2009
1. Machindra Shrimant Bhandari ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Padalwadi,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Shirur
At & Post : Shirur
Taluka : Shirur
District : Pune
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WITH
WRIT PETITION NO.6932 OF 2009
1. Sanjay Wamanrao Dhumal ..Petitioner
Age : 36 years
Occupation : Assistant Teacher
Residing at Mahur,
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At Saswad
Taluka : Purandar
District : Pune
WITH
WRIT PETITION NO.6934 OF 2009
1. Shankar Bhausaheb Jorkar ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Residing at Velhe,
Taluka : Velhe
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
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2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Velhe
Taluka : Velhe
District : Pune
WITH
WRIT PETITION NO.6938 OF 2009
1. Smt.Ujwala Janardan Rankhambe ..Petitioner
Age : 34 years
Occupation : Assistant Teacher
Ghatewadi,
Taluka : Purandar
District : Pune
Residing at Jejuri,
Taluka : Purandar
District : Pune
V/s.
1. The State of Maharashtra ..Respondents
2. The Zilla Parishad, Pune
Through the Chief Officer
Yashwantrao Chavan Bhavan,
Pune 1
3. The Tahsildar and
Executive Magistrate, Purandar
At post Taluka : Saswad
District : Pune
WITH
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WRIT PETITION NO.7135 OF 2009
1. Smt.Kavita Madhukar Maundekar ..Petitioner
Age : 37 years
Occupation : Service
Clerk Education Department
Primary Section Zilla Parishad
Pune
Type 3/15, India Metrological
Department Colony, Pashan
Pune 411 008
V/s.
1. The State of Maharashtra ..Respondents
2. The Chief Executive Officer
Zilla Parishad, Pune
Yashwantrao Chavan Bhavan,
Pune 411 001
3. The Executive Magistrate
Nagpur, At Post Taluka
District : Nagpur
Mr.P.B.Kakade, Advocate, for the petitioners
Mr.Vinay Masurkar, Government Pleader and
Mr.C.R.Sonawane, Assistant Government Pleader, for
respondent Nos.1 & 3
Mr.Nitin Deshpande, Advocate, for respondent No.2
CORAM : S.B.MHASE &
R.M.SAVANT, JJ.
DATE : 2ND SEPTEMBER,2009
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20
ORAL JUDGMENT ( PER R.M.SAVANT, J. )
. Rule, with the consent of the parties made
returnable forthwith and heard.
2. The above Writ Petitions involve a common
question and are therefore, dealt with together and
disposed of. In Writ Petition Nos.6427 of 2009,
6429 of 2009 to 6434 of 2009, 6436 of 2009 and 6437
of 2009, Rule has already been issued. However,
since the issue involved in the aforesaid Writ
Petitions and in Writ Petition No.6913 of 2009 and
the other companion matters is identical, we
thought it proper to place the said Writ Petitions
in which Rule has been issued also for hearing with
the consent of the learned counsel for the parties.
3. All the petitioners above named have
approached this Court against the direction of the
respondent No.2 Zilla Parishad calling upon the
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21
petitioners to submit their Caste Certificates by
th
27 July, 2009, so that the same can be referred to
the concerned Caste Scrutiny Committee for
consideration of the validation of the Caste claim,
as each of the petitioner in the above Writ
Petitions has been appointed in a post meant for
the reserved category.
4. The facts in Writ Petition No.6913 of 2009
are referred to for the sake of convenience. The
petitioner in the said Writ Petition came to be
st
appointed on 1 December, 1995, as an Assistant
Teacher by the respondent No.2. The respondent No.
th
2 by letter dated 15 July, 2009, directed the
th
petitioner to submit her Caste Certificate by 27
July, 2009, so that the same could be sent for
verification to the concerned Caste Scrutiny
Committee for validation. The said communication
th
dated 15 July, 2009, has been impugned in the said
Writ Petition, similar communications have been
impugned in the other Writ Petitions including the
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22
Writ Petitions in which Rule has been issued.
5. The principal contention of the learned
counsel for the petitioners is that after a passage
of almost 14 years the petitioners' Caste claim
could not be referred to the Caste Scrutiny
Committee. In the event if the Certificates on
which the petitioners rely are invalidated, the
same would cause prejudice to the petitioners, as
the petitioners then would not be in a position to
seek employment elsewhere on account of the age
bar. The learned counsel for the petitioners
relies upon two Division Bench Judgments of this
Court reported in in the matter
1999(1) Mh.L.J.536
of
CHANDRABHAN YAMAJI NANDANWAR vs. DIRECTOR OF
HEALTH SERVICES, MAH.STATE, BOMBAY and others and
Judgment of the Division Bench reported in 2002(4)
Mh.L.J.365 in the matter of ANIL VASANTRAO
SHIRPURKAR vs. STATE OF MAHARASHTRA and others . It
has been held in the aforesaid two Judgments that a
reference to the Caste Scrutiny Committee by the
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23
employer should be made within a reasonable time
and in the Judgment in (Supra),
CHANDRABHAN'S Case
it is held that if the person is appointed in the
Government or Semi Government Organisation from the
reserved Category availing the benefits extended to
such Category in the employment, the employer is
required to make a reference for verification of
the Caste Certificate of such employee to the Caste
Scrutiny Committee within a period of two years,
which is normally prescribed for confirmation of
services of the probation and if the reference is
made after the period of two years, the same was
held to be in violation of Article 14 of the
Constitution of India being beyond a reasonable
period. The Division Bench in
ANIL VASANTRAO
SHIRPURKAR'S case (supra) relied on the law laid
down in CHANDRABHAN'S Case (supra) and also
concluded that the person, who is appointed in the
Government or Semi Government employment, normally
remains on probation for a period of two years and
before completion of the period of probation the
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24
employer should initiate proceedings for reference
of the Caste Certificate of such employee for
verification by the Caste Scrutiny Committee.
6. After the said two Division Bench
Judgments, the matter was referred to a larger
Bench in view of the reference made in Writ
rd
Petition No.786 of 2002 by Order dated 3 February,
2003 and in Writ Petition No.1598 of 2003 by Order
th
dated 17 April, 2003, by the Division Benches
sitting at Nagpur. Accordingly, the Full Bench of
this Court has considered the said issue and after
holding that the doctrine of reasonable time of two
years is not mandatory in nature and is a rule of
prudence as laid down by the Division Benches of
this Court and therefore even from the said point
of view there was no inconsistency as such with the
Judgment of the Apex Court in
G. Sudarshan's (1995)
case the Full Bench has concluded that if
4 SCC 644
there is delay in making reference for some valid
reason, the reference made by the employer beyond
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25
the period of two years is neither invalid nor any
Order passed by the Caste Scrutiny Committee on
such reference is null and void. The conclusion of
the Full Bench is in paragraph 47 of the Judgment
which is reproduced herein under.
47. A careful scrutiny or the
judgments and the law laid down by
this Court in cases of Chandrabhan
Nandanwar's case (supra), Anil
Shirpurkar's case (supra) and
Prakash Pralhad Ingle's case
(supra) as well as the law laid
down by the Apex Court in cases of
G. Sudarsan (supra) and Central
Excise, Jaipur (supra), the
conclusion, which we have arrived
at the legal proposition which
finally emerges, is summarized, in
nutshell, as follows :
The employer/Government,
is required to refer the Caste
Certificate of its employee for
verification to the Caste Scrutiny
Committee as early as possible
from the date of the order of
appointment of such employee.
However, if there is a delay in
making reference for some valid
reasons, the reference made by the
employer beyond the period of two
years is neither invalid, nor any
order passed by the Caste Scrutiny
Committee on such reference is
null and void. In case of an
employee, who has obtained a Caste
Certificate by playing fraud, the
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26
employer is entitled to refer the
caste claim of such employee to
the Caste Scrutiny Committee as
and when such fraud is detected
and the question of applying any
kind of limitation in this regard
does not arise.
We answer the reference
accordingly, place the Writ
Petitions before the Division
Bench for disposal on merits.
7. In view of the Full Bench Judgment reported
in in the matter of
2003(4) Mh.L.J.233 PRAKASH
NAMDEORAO KEDAR and others vs. UNION OF INDIA and
, the petitioners cannot rely upon the
others
Division Bench Judgments of this Court (Supra) in
support of their contention that a reference to the
Scrutiny Committee made after a period of two years
of appointment is bad. Therefore, the submission
advanced on behalf of the petitioners that a
reference could not be made after a period of 14
years cannot be countenanced. At this stage, it
would also be useful to refer to the Judgment of
the Apex Court reported in
AIR 2005 SUPREME COURT
in the matter of
3395(1) Bank of India and another
. In the said
v. Avinash D. Mandivikar and others
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27
Judgment the Apex Court has held that if the Caste
claim is based on a fraud, then even though a
reference is made belatedly, the same would not
affect the legality of the reference made as fraud
permeates the entire proceedings.
8. It is pertinent to note that none of the
petitioners abovenamed have submitted their Caste
Certificates to the respondent No.2, though each of
them has been appointed in a post meant for the
reserved Category, and even though the respondent
No.2 has asked the petitioners to submit their
Caste Certificates after almost 10 to 14 years of
their employment, in view of the pronouncement of
the Full Bench of this Court (Supra) as well as
Judgment of the Apex Court (Supra), in our view,
the action of the respondent No.2 cannot be faulted
with. In our view, therefore, there is no merit in
the above Writ Petitions, which are accordingly
dismissed. Rule in all the above Writ Petitions
to stand discharged.
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28
9. However, the petitioners are granted time
st
upto 31 October, 2009, to submit their Caste
Certificates to the respondent No.2. The
respondent No.2 shall thereafter refer the said
Certificates to the concerned Caste Scrutiny
Committee for verification and request the
concerned Caste Scrutiny Committee to expedite the
process of verification.
( R.M.SAVANT, J.) ( S.B.MHASE, J. )
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