MADHUKAR SHANKAR JAWANJAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) The petitioners in both these petitions are the employees of Meteorological Department of Government of India under the Ministry of Earth and Sciences. They were appointed on different posts during the period from 1982 to 1998 reserved for Scheduled Tribe candidates. Except three, all others claimed that they belong to Halba -Scheduled Tribe. Out of three, one claimed that he belongs to "Chhatri" tribe, one belongs to "Nahul" tribe and the other belongs to "Thakur -Scheduled Tribe". All of them have been terminated from service on the ground that they have failed to get their tribe claims validated from the Scheduled Tribe Caste Certificate Scrutiny Committee.

(3.) The Maharashtra Scheduled Caste and Scheduled Tribe Scrutiny Committee Act (hereinafter referred to as "the said Act") was brought into force with effect from 23.05.2001 under which the Scrutiny Committees are constituted to scrutinize and verify the caste claims of the persons appointed against the posts reserved for the backward class categories. In terms of Section 6(3) of the said Act, a statutory obligation is created upon the appointing authority to make an application in such form and in such manner as may be prescribed by the Scrutiny Committee for the verification of caste certificate and issue of validity certificate in case of the persons selected for an appointment to the post reserved for any of the backward class category. In view of this provision, it was the practice established that the Scrutiny Committee used to return the proposals for verification and scrutiny of the caste claim if the same were not forwarded to it by the employer or the appointing authority. It is in this background, the facts of the present case are required to be looked into.