PRAKASH BABURAO SHAHARE Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2017-8-166
HIGH COURT OF BOMBAY
Decided on August 01,2017

Prakash Baburao Shahare Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

R.K.DESHPANDE,J. - (1.) The claim of the petitioner for 'Binjhwar' which is a recognized Scheduled Tribe at Sr. No.10 in the Constitution (Scheduled Tribes) Order, 1950 in relation to the State of Maharashtra, was invalidated by the Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur/respondent no.2, on 16.10.2004 and hence the same is the subject matter of challenge in this petition.
(2.) The petitioner was employed as a Conductor in the service of Maharashtra State Road Transport Corporation with effect from 29.1.1992 against a post reserved for Scheduled Tribe category. Upon invalidation of his caste claim on 16.10.2004, he apprehended termination from service and, therefore, approached this Court by filing the instant petition. By an order dated 11th November 2004, the service of the petitioner was protected and the said protection was continued when the matter was admitted on 11.1.2005. The petitioner is, therefore, in service and has, as on this date, completed about 25years of service as a Conductor. The petitioner, therefore, alternatively seeks protection in service on the basis of the Government Resolutions dated 15th June 1995 and 30th June, 2004.
(3.) With the assistance of the learned counsels appearing for the petitioner, we have gone through the order impugned, passed by respondent no.2 Committee. The petitioner placed on record nine documents indicating his caste as well as the caste of his relatives as 'Binjhwar'. The oldest document in which the entry 'Binjhwar' was made is of 1.9.1950 which is the Primary School leaving certificate in the name of Ratiram Sakharam. However, the Committee has held that he is not in blood relation with the petitioner from the paternal side. All other documents are of the period subsequent to 1950.;


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