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1999 Supreme(SC) 642

UMESH C.BANERJEE, G.B.PATTANAIK
Purushottam – Appellant
Versus
Chairman, M. S. E. B – Respondent


ORDER

1. Leave granted.

2. These appeals are directed against the judgment of the Bombay High Court dated 3.8.1995 refusing to issue a mandamus to the respondents to recruit him to the post to which he was selected as well as against the order refusing to review the said judgment dated 3.8.1995. The appellant undisputably was selected for the post of Assistant Personnel Officer meant for a Scheduled Tribe category. He had produced the certificate of the Magistrate indicating that he belongs to Halba caste which is undoubtedly the Scheduled Tribe, but the employer in accordance with the procedure prescribed referred his case to the Caste Scrutiny Committee for verification. The said committee being of the opinion that the appellant does not belong to Halba caste denied him the right to be employed notwithstanding his selection for the post in question. The said order of the Scrutiny Committee was upheld in appeal but a writ petition being carried, the High Court in WP No. 445 of 1993 came to the conclusion that the appellant does belong to the Halba Caste and therefore he was kept illegally out of employment. The High Court, therefore, directed the employer Maharashtra State Electri






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