IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.3630/2014
Nilkanth S/o Nagorao Borkute, Aged about 35 yrs, Occu. Service, R/o Hiwri Nagar, Shanti Layout, Plot No.19, Wathoda Road, Nagpur. PETITIONER .....VERSUS.....
1. Joint Commissioner & Vice Chairman, Scheduled Tribe Caste Certificate Scrutiny Committee, Adiwasi Vikas Bhavan, Giripeth, Nagpur.
2. Deputy Chief Accounts Officer, Financial Advisor & Dy. Secretary, Food, Civil Supplies & Consumer Protection Department, 42, Sir Vitthaldas Thakarsi Marg, Mumbai 440020. RESPONDE
NTS Shri S.R. Narnaware, counsel for the petitioner. Shri K.P. Sadavarte, counsel. for the respondent no.1. Mrs. Rashi Deshpande, A.G.P. for the respondent no.2. CORAM: B.R. GAVAI AND MRS.MRIDULA BHATKAR, JJ. DATE : 19TH JANUARY, 2015. ORAL JUDGMENT (PER:B.R. GAVAI, J.) RULE. Rule is made returnable forthwith. The petition is heard finally with the consent of the learned counsel for the parties. ::: Downloaded on - 31/03/2015 17:09:34 ::: Bombay High Court WP 3630/14 2 Judgment 2. The petitioner was appointed as a ClerkcumTypist on 17.08.1998 against the post reserved for Scheduled Tribe Category. The petitioner has approached this Court with a limited relief, i.e. for protection of his services. 3. The petitioner, though was claiming to be belonging to Halba Scheduled Tribe, has been held to be belonging to Koshti caste by the respondent no.1Committee. The respondent no.1 Committee further held that the petitioner is not entitled for the protection. 4. In view of the judgment of the Full Bench in the case of Arun Vishwanath Sonone Versus State of Maharashtra & Others, reported in 2015(1) Mh.L.J. 457, all such candidates, who claimed to be belonging to Halba Scheduled Tribe but, who have been declared to be belonging to Koshti community by the Caste Scrutiny Committee, are held to be entitled to be protected, if their appointments are made prior to 28.11.2000. The petitioner's case is squarely covered by the said judgment. ::: Downloaded on - 31/03/2015 17:09:34 ::: Bombay High Court WP 3630/14 3 Judgment 5. In that view of the matter, the writ petition is allowed. The respondent no.2 is directed not to disturb the services of the petitioner. Rule is made absolute in the aforesaid terms with no order as to costs. JUDGE JUDGE
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