SAVANKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of the parties.

(2.) This Petition by Petitioner is an effort to hop to the category of Open physically handicapped, after having been appointed in the category of Other Backward Classes (O.B.C.) handicapped and terminated after a couple of years as the O.B.C. certificate got invalidated.

(3.) According to the Petitioner, he has been terminated by order dated 10th May 2010, by Zilla Parishad, Hingoli as his caste claim was invalidated by caste scrutiny committee, ignoring the fact that he was selected and appointed for the post reserved for physically disabled person. He had been selected as Shikshan Sevak and appointed on 14th September 2006. He had the requisite qualification for the post of Assistant Teacher in Primary School and he belongs to "Shimpi" caste which is included in Other Backward Class (O.B.C.) and is also physically disabled having 45% orthopedic disability. He belongs to O.B.C. category and is entitled for the reservation of O.B.C. category. Respondent No.2 Zilla Parishad published advertisement in Newspaper dated 4th February 2006 to fill up posts of Assistant Teachers in Primary Schools run by Zilla Parishad, Hingoli. Apart from constitutional reservation, social reservations were also provided in the said advertisement and it was specifically stated that 3% reservation of the total posts would be reserved for physically disabled persons. Petitioner submitted two applications. In one application, he claimed reservation of O.B.C. category as well as physically disabled person and in another application he claimed reservation for physically disabled person (Open). As per the law laid down by the Hon'ble the Supreme Court in the matter of Indra Sawhney vs. Union of India, 1992 Supp3 SCC 217, social reservations run across the constitutional reservations. The constitutional reservations of scheduled caste, scheduled tribe, O.B.C. etc. are vertical reservations, whereas reservations for physically handicapped persons, exserviceman etc. are horizontal reservations.