SHYAM BABURAO SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, matter is taken up for final hearing at the stage of admission.

(2.) The petitioner approaches this Court under Article 226 of the Constitution of India assailing order dtd. 27/1/2021 passed by respondent no.2-Scheduled Tribe Caste Scrutiny Committee, Nandurbar, by which caste claim of the petitioner has been invalidated. The petitioner has also assailed the show cause notice dtd. 18/2/2021 issued by respondent no.3/Employer. By way of amendment, the petitioner challenges the order dtd. 27/2/2021, by which services of petitioner have been terminated by respondent no.3 in pursuance of show cause notice dtd. 18/2/2021 and seeks consequential relief of reinstatement in service and back-wages.

(3.) The petitioner contends that he belongs to 'Thakur', Scheduled Tribe. The Competent Authority granted him caste certificate that was referred to respondent no.2-Scrutiny Committee for verification. The petitioner's caste claim was accompanied by, documents like, Birth entry record of the cousin uncle, dtd. 13/9/1993, Death entry record of Parbat Tanaji, cousin grandfather, dtd. 27/7/1940 and Birth entry of Laxman Gajamal Parbat, cousin brother, dtd. 19/11/1942. The petitioner has also filed post-Constitutional documents relating to his father, uncle, cousin brothers which records caste as 'Thakur'. The petitioner has also filed on record the affidavit of Shri. Shriram Vitthal Suryawanshi. The Committee ignoring the voluminous documents justifying caste claim of the petitioner to be belonging to 'Thakur', Scheduled Tribe, declined to grant caste validity to the petitioner. Consequently, respondent no.3 terminated services of the petitioner vide order dtd. 27/2/2021. Hence, this Writ Petition.