VINAYAK NARHARI KOLSHIKWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Some essential facts, giving rise to this petition, can be summarised as below:

(2.) It is contended by the petitioner that Respondent No.3 issued notice directing him to produce caste validity certificate as expeditiously as possible, failing which, it was threatened that his services shall stand terminated. Petitioner, who was apprehending order of termination of his services, approached this Court seeking protection till Caste Scrutiny Committee decides status claim of the petitioner, by filing Writ Petition No.6760/2004. This Court granted protection in favour of the petitioner by order dated 02.11.2004, thereby directing the employer not to put an end to the services of the petitioner until disposal of tribe claim by the Scrutiny Committee. Although, in the memo of petition, it is stated that said writ petition is pending, however, we find from the record that said petition came to be disposed of by an order dated 04.03.2005 and the petitioner was permitted to withdraw the petition in view of his preferring another writ petition bearing W.P.No.1257/2005. The interim relief, which was operating in favour of the petitioner, was continued for a period of two weeks thereafter.

(3.) The matter was again reconsidered by the Scrutiny Committee during the second round and after giving an opportunity of hearing to the petitioner, the Committee was not convinced regarding the claim put forth by the petitioner and as such by an order dated 07.07.2005, invalidated the tribe claim lodged by the petitioner. The said order, passed by the Scrutiny Committee, is impugned in this petition.