BHARAT Vs. DIVISIONAL CASTE CERTIFICATE

JUDGEMENT

(1.) Heard Shri Narnaware, learned Counsel for the petitioner, Ms. Rane, learned Assistant Government Pleader for respondent No. 1 and Shri Mohgaonkar, learned Counsel for respondent No. 2. The petitioner has challenged the decision of the respondent No. 1 -- Scrutiny Committee invalidating the caste certificate certifying that he belongs to "Mahar" -- Scheduled Caste.

(2.) The petitioner was appointed as Junior Security Officer on 1-6-2009 in the post reserved for Scheduled Caste candidate. Pursuant to invalidation of the caste certificate of the petitioner, his services came to be terminated with effect from 23-7-2013. The termination of services of the petitioner is only on the ground that his caste certificate is invalidated.

(3.) The respondent No. 1 -- Scrutiny Committee has concluded that though the petitioner belongs to "Mahar" -- Scheduled Caste, he has not submitted any document pertaining to the period prior to 1950 to substantiate that he or his family members were permanent residents of Maharashtra State. According to respondent No. 1 -- Scrutiny Committee, in the written explanation submitted by the petitioner, he has stated that his father was born in Madhya Pradesh and he came to Maharashtra in 1965 or 1966 and as per Government Resolution, the persons, who were permanent residents of Maharashtra State prior to 1950 are only entitled for the benefits.