HASINA SIRAJ SHAIKH Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2020-3-49
HIGH COURT OF BOMBAY
Decided on March 09,2020

Hasina Siraj Shaikh Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

S.S.SHINDE,J. - (1.) Rule made returnable forthwith and heard finally with the consent of the learned counsel for the parties.
(2.) By way of this Petition, the Petitioner takes exception to the order dated 22/04/2015 passed by Respondent No.4 herein i.e. Caste Scrutiny Committee, Solapur by which order Respondent No.4 - Caste Scrutiny Committee has invalidated the caste claim of the Petitioner as belonging to "Jullah" (OBC). The Petitioner also seeks to challenge the order dated 23/05/2015 issued by Respondent No.3 School by which order the services of the Petitioner has been terminated with effect from 01/06/2015 in view of the impugned order passed by Respondent No.4 Committee.
(3.) The factual matrix involved in this Petition, can in brief be stated thus:- The Petitioner claims to be belonging to "Jullah" caste which is notified as Other Backward Classes (OBC) in the State of Maharashtra. It is the case of the Petitioner that on 26/02/1999 the Sub Divisional Officer and Competent Authority issued a caste certificate in favour of the Petitioner. The Petitioner had applied for the post of Assistant Teacher in Respondent No.3 School. On 11/06/199 Respondent No.3 School called upon the Petitioner for interview. The Petitioner appeared for the said interview. Thereafter, on 15/06/2000 the Petitioner was appointed as Assistant Teacher in Respondent No.3 School and her appointment was approved by the Education Officer and accordingly issued order on 26/04/2006 granting approval to the appointment of the Petitioner as an Assistant Teacher with effect from her date of appointment. It is the case of the Petitioner that the Petitioner was never informed that her appointment was made against the reserved category. Respondent No.3 School sent the caste certificate of the Petitioner to Respondent No.4 - Committee for verification. Before Respondent No.4 the Petitioner submitted various documents. Respondent No.4 thereafter forwarded the said documents to vigilance cell for inquiry. Accordingly the vigilance cell conducted inquiry and submitted its report. Thereafter Respondent No.4 rejected the claim of the Petitioner as belonging to OBC on 22/04/2015 and accordingly Respondent No.4 informed Respondent No.3. By letter/order dated 23/05/2015 the Petitioner was informed that in view of the impugned order dated 22/04/2015 the services of the Petitioner came to be terminated with effect from 01/06/2015. Hence this Petition.;


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