CHITRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. The petition is being disposed of finally.

(2.) The petition challenges a clause in the advertisement dated 26-12-2019 published by Zilla Parishad, Gadchiroli, which requires production of caste validity certificate from the applicants desirous of getting selection and appointment against the post reserved for Scheduled Tribe category. The applications are invited for 11 categories of posts reserved for Scheduled Tribe candidates, in the services of Zilla Parishad Gadchiroli, which include the higher post of Junior Engineer to the lower post of Attendant.

(3.) The ground of challenge is that such a clause is contrary to the provision of Section 3 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, "the said Act"), which permits submission of application only upon production of caste validity certificate to claim the employment in a post reserved for Scheduled Tribe category. It is urged that the petitioner has right of being considered for the post without production of caste validity certificate. Our attention is also invited to the provision of sub-section (3) of Section 6 of the said Act to urge that it is only after selection of a candidate for the post reserved for Scheduled Tribe category, the employer is required to forward the caste certificate to the Scrutiny Committee for verification and issuance of validity certificate.