PRAKASH JAYAWANT KOLI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition under Articles 226 of the Constitution of India, the petitioner has prayed for quashing of the order dated 24th January 2007 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Division, Thane. The challenge is on the ground that there was no evidence before the Scrutiny Committee to come to the conclusion that the caste certificate was obtained by misrepresentation or otherwise and the petitioner was not entitled to the benefit thereof. It is also argued on behalf of the petitioner that the impugned order suffers from the non application of mind and no proper reasons have been recorded while passing that order.

(2.) The petitioner claims that he belongs to Mahadeo Koli caste. On 2nd November 1982 the caste certificate was issued by the Executive Magistrate, Uran, Raigad, certifying that the petitioner belongs to Mahadeo Koli caste. This certificate was issued when the petitioner was 10 years old and according to the petitioner same was not obtained with any mala fide intention or for the purpose of securing employment. The petitioner was called for oral interview by M/s Rashtriya Chemicals and Fertilizers Ltd (RCF) for the post of Mazdoor Grade II. The petitioner was selected and a letter of appointment was issued in his favour on 31st May 1996. The letter of confirmation was issued by the RCF on 6th August 2001. Thus the petitioner became a permanent employee of the company. During the entire period of his service at no point of time the petitioner was given to understand that his appointment or confirmation or promotion was subject to verification of the caste certificate submitted by him at the time of his appointment. Vide letter dated 12nd February 2003 the petitioner was promoted to the post of mazdoor Grade I by the company. After a period of 7 years the company, on 7th November 2003, referred the caste certificate of the petitioner to the Scrutiny Committee, which had been constituted under the provisions of the the Maharashtra Schedule Castes, Scheduled Tribes Denotified Tribes (Vimukta Jaties) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 and the Rules framed thereunder.

(3.) By letter dated 8th May 2007 the services of the petitioner were terminated by the respondents with immediate effect. The termination letter has already taken effect and the petitioner is no more in the employment.