ANAND RAMESH CHAVRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Rule made returnable forth with, by consent.

(2.) BY this petition, the petitioner has challenged the appointment of respondents No. 3 to 6 to the post of Sweeper on the ground that they can not be considered as persons from the Scheduled Caste category since they profess Islam.

(3.) THE petitioner belongs to the "bhangi community" which is considered as a Scheduled Caste in terms of the Presidential order of 1950 in the State of Maharashtra. An advertisement was issued for filling the posts of Class-IV employees in the Ashram School and hospital conducted by respondent No. 2. This advertisement was issued on 18th January, 2008 for the posts of Cook, Kamathi, Sweeper (Safai Kamgar), Lab. Peon and Watchman. The advertisement stipulated that 175 marks were to be allotted for the written examination and those candidates who had secured higher marks in the written examination would be called for the oral examination. 25 marks were to be allotted for the interview. A caste validity certificate was required to be produced by candidates who were selected from the Scheduled Caste category. The advertisement revealed that the 13 posts of Sweepers were vacant, which were to be filled in pursuant to the selection. Those 13 posts were reserved for the "mehatar community" which is recognised as a Scheduled Caste in the State of Maharashtra. 26 candidates applied for the vacancies, including the petitioner and respondents No. 3 to 6. As they were successful in the written examination, they were invited for the interview. 13 candidates were selected. The names of respondent Nos. 3 to 6 appear in the select list at serial Nos. 2 to 5 while the petitioner's name was shown at serial No. 2 in the waiting list.