GAJANAN SURYAKANT SUREWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned advocate for the petitioner and the learned A.G.P.

(2.) The petitioner who has been serving as a laboratory assistant is seeking approval to his appointment and is also praying for salary. The proposal forwarded by the management school for grant of approval has been turned down by the impugned communication dtd. 19/5/2023 by the respondent No. 2-Deputy Director of Education on the ground that the petitioner was appointed against a post reserved for scheduled tribe and so long as there was no validity certificate, no approval could be granted.

(3.) The learned A.G.P. points out a Government resolution dtd. 12/12/2011 apparently issued pursuant to the orders of this Court in Writ Petition No. 2126/2011 in the matter of Shrikant Chandrakant Saidane Vs. Maharashtra State and connected matters. It lays down the modalities to be followed while granting appointments against post reserved for Scheduled Castes and Scheduled Tribes and mentions that the appointments would be provisional and subject to the decision by the scrutiny committees. It also enjoins the candidates with the responsibility to obtain the caste validity certificates within six months.