PRADIP GAJANAN KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The following question arises for consideration in these Petitions:

(2.) Before we advert to the legal submissions made across the bar, it will be necessary to make a reference to the factual controversy in each Petition. The Petitioner in Writ Petition No.8014 of 2012 was appointed on a post of fireman reserved for Schedule Tribes on the establishment of the third Respondent Municipal Corporation. He was appointed on 13th March 1996. He obtained a caste certificate from the Competent Authority on 22nd June 2000. By the order dated 7th July 2012, the caste certificate of the Petitioner was invalidated by the Scheduled Tribe Scrutiny Committee. The Petitioner has given up his claim that he belongs to Koli Mahadeo, a Scheduled Tribe, but he is claiming protection of his employment.

(3.) In Writ Petition No.5098 of 2013, the Petitioner was employed as a talathi on 12th April 1990 on a post reserved for Scheduled Tribe. By an order dated 15th February 2013, the caste claim of the Petitioner that he belongs to Koli Mahadeo, a Scheduled Tribe was negatived. The Petitioner has given up his caste claim that he belongs to Koli Mahadeo, a Scheduled Tribe and he is seeking protection of his employment.