RAKESH SUKANUJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally by consent of all the parties along with other connected matters. Therefore, this common judgment as the issues are similar, so also referred judgments and the law.

(2.) In the present matters, the caste in question does not fall within the ambit of "Scheduled Tribe" and/or "Scheduled Tribe", but it does fall within the ambit of "Special Backward Class (SBC)/OBC" i.e. "Mahadeo Koli", "Koli" and "Koli M". In all the matters, the Petitioners were appointed and confirmed prior to 28.11.2000, based upon the Caste Certificates. The Petitioners got all the benefits as belonging to the class "Mahadeo Koli"/ Koshti SBC/ Koli SBC. The respective caste claim/certificate was rejected by the concerned Scrutiny Committees, based upon the then prevailing procedures/circulars and thereby invalidated their caste certificates. The Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (Maharashtra Act No. XXIII of 2001) (for short, the Act) w.e.f. 18 October 2001, provides the statutory procedure and mechanism to deal with such cases.

(3.) In all the matters, the learned counsel appearing for the Petitioners, based upon the averments and/or on instructions, made a statement that they are restricting their claim and praying only for protection of their service/employment/career. They want to accept the decision so given by the Scrutiny Committee declaring their castes. The submission, therefore, is made to continue their services/employment and as they are entitled for the protection of services/employment. They are also willing to give up their caste benefits on the basis of original certificates except the continuity of service. They have also expressed their willingness to give up all the benefits, privileges granted after 28.11.2000. By accepting these statements, we are proceeding to pass this common order in the interest of justice.