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2013 Supreme(Bom) 1589

ANOOP V.MOHTA, Z.A.HAQ
Ku. Waishali – Appellant
Versus
Vice-Chairman & Joint Commissioner Scheduled Tribe Caste Certificate Scrutiny Committee – Respondent


Advocates:
Advocate Appeared:
For the Applicant:S.R. Narnaware, Advocate.
For the Respondent:R2, Anjan De, Advocate.

Judgment:

Anoop V. Mohta, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

2. The petitioner was appointed as Assistant Teacher on 26.2.1996 in the reserved category on the basis of then existing caste certificate “Halba (S.T.)”. After 12 years of service, respondent no.2 referred the caste certificate of the petitioner to respondent no.1. The petitioner submitted relevant documents. The matter was duly enquired/conducted. Ultimately, by order dated 31.5.2013 the caste claim of the petitioner was invalidated. The petitioner has, therefore, filed the present petition and challenged the impugned order of termination dated 31.5.2013 as well as invalidation of certificate and also prayed for protection of service in view of the Supreme Court judgment in the case of Kavita Solunke...Versus...State of Maharashtra and others, reported in 2012 AIR SCW 4472 and the decision of this Court in the case of A.P. Ramtekkar and others...Versus...Union of India and others, reported in 2013 (2) Mh.L.J. 419 and the recent judgment of this Court (Coram : Anoop V. Mohta and Z.A. Haq, JJ.) dated 10.07.2013 in Writ Petition No.5530/2012 (Ku. Vijay
























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