SHRI GANESH VITHOBA NAGPURE Vs. SHRI SANTAJI SHIKSHAN VIKAS SANSTHA NAGPUR
LAWS(BOM)-2017-3-251
HIGH COURT OF BOMBAY
Decided on March 24,2017

Shri Ganesh Vithoba Nagpure Appellant
VERSUS
Shri Santaji Shikshan Vikas Sanstha Nagpur Respondents

JUDGEMENT

B.P.DHARMADHIKARI, J. - (1.) Heard Shri A.Z. Jibhkate, learned counsel for the petitioner, Shri B.G. Kulkarni, learned Counsel for respondent nos. 1 and 2 and Shri N. Rao, learned A.G.P. for respondent nos. 3 and 4. By their consent, Writ Petition is taken up for final hearing by issuing Rule, making the same returnable forthwith.
(2.) Petitioner who secured employment by pointing out that he belongs to 'Balai' Scheduled Caste, is before this Court alleging that he has given up that caste claim and is claiming to belong to 'Sutar' Other Backward Class. The caste certificate accordingly has been obtained by him and as such, he should be protected in employment. Support is being taken from Division Bench judgment of this Court dated 12.02.2015 in Writ Petition No. 3729/2014 and others connected matters. Petitioner states that his caste claim as belonging to 'Sutar' Other Backward Class should be allowed to be verified expeditiously and till then he should be reinstated in employment.
(3.) Shri B.H. Kulkarni, learned counsel appearing for respondent nos. 1 and 2 and Shri N. Rao, learned A.G.P. appearing on behalf of respondent nos. 3 and 4 are opposing any intervention. They point out that having secured employment as a person belonging to 'Balai' Scheduled Caste, in terms of Full Bench judgment of this Court reported in case of Arun Vishwanath Sonone v. State of Maharashtra and ors (2015 (1) Mh.L.J. 457), verification has to be of that claim, and if while obtaining that caste certificate or then employment, any fraud or tampering is found to be committed, the benefit of protection cannot be given.;


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