DOMUDAS DHAKATE Vs. STATE OF M P

JUDGEMENT

(1.) In all the aforesaid 4 petitions the common question of law and facts are involved, therefore, all these petitions with the consent of the parties are heard jointly and are decided.

(2.) The petitioner filed this petition before this Court challenging the order Annexure A - 5 in all the petitions, whereby the high power committee has cancelled the status certificate of the petitioner. According to the petitioner he does not belong to the Halba / Halbi (S.T.) community and in fact he is a member of (Kosti) community and thus, he belongs to the backward class. The petitioners are claiming the relief that benefit of the Milind/s Case (AIR 2001 SC 393) be extended to them.

(3.) The petitioner initially was appointed as a Manager with the respondent in the Directorate of Rural Industries (Handloom). The petitioner was also declared as permanent on the post on which he was appointed. According to the petitioner, he was appointed on the basis of status certificate, which was surrender by the petitioner and the petitioner claimed that he belongs to the Halba (ST.) community and the said certificate was issued by Tehsildar Sousar, District Chhindwara in the year 1983, copy of the same is filed as Annexure P - 4. The employment was secured by the petitioner on the basis of false status certificate that he is S.T.. The respondents on the basis of judgment which is reported in AIR 2001 SC 393, in the matter of State of Maharashtra Vs. Milind, wherein the Hon'ble Apex Court held that (Kosti's) have no identity as ST., therefore, they cannot claim that they belong to ST. Community. The Apex Court in the said judgment further held that the cases of status certificate of Halba (ST.) shall not be reopened and shall remain unaffected.