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1999 Supreme(Bom) 695

UPASANI PRATIBHA, G.T.NANAVATI, S.N.PHUKAN, A.C.AGARWAL
Sarda Education Trust – Appellant
Versus
Nandulal Vishwanath Tate and others – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---Petitioner is seen to have obtained employment in a post reserved for Scheduled Tribe by making a false representation that he belongs to Tokare Koli. At the time of obtaining employment he has produced a Caste Certificate certifying that he belonged to Tokare Koli Scheduled Tribe. The said certificate was referred to the Caste Scrutiny Committee. By an order passed on 30th July, 1994, the Scrutiny Committee has invalidated his claim of belonging to Scheduled Tribe. The Committee has found that the petitioner belongs to Koli Caste.

2.The petitioner impugned the said order passed by the Committee by filing a Writ Petition bearing No. 4621 of 1994 which was rejected by an order passed on 14th November, 1994. Petitioner's employers i.e. respondents No. 2 and 3 herein have accordingly held Disciplinary Proceedings against the petitioner for misconduct namely that he has knowingly produced a false certificate for obtaining employment in a post reserved for the aforesaid reserved category. A charge-sheet was issued against the petitioner and the petitioner has been found guilty of the aforesaid charge. The services of the petitioner have been terminated in







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