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2014 Supreme(Bom) 1836
In the High Court of Bombay at Aurangabad
R.M. BORDE & V.L. ACHLIYA, JJ.
Padmakar Vijaysingh Valvi
Versus
The State of Maharashtra & Others
Writ Petition No. 2314 of 1996
Decided on: 11-11-2014
For the Petitioner:V.D. Sapkal, A.S. Golegaonkar, Advocates.
For the Respondents:R1 to R5, S.V. Kurundkar, Government Pleader, M.S. Deshmukh, Advocate Appointed as Amicus Curiae.
The main legal point established in the judgment is that the State Government's decision to extend protection to employees in employment prior to 15.6.1995 was justified to avert a serious social problem. The court also emphasized the importance of protecting benefits intended for Scheduled Tribes and the consequences of obtaining benefits through false means.
Headnote:
Protection - Scheduled Tribes - Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimuktajatis), Nomadic Tribes And Other Backward Classes and Special Backward Classes Category (Regulation of Issuance And Verification of) Caste Certificate Act, 2000 - Sections 10 and 11 - The court discussed the Government Resolutions dated 13.6.1995, 3.7.1995, and 30.6.1995, and the Act of 2000. The court found that the State Government extended protection to employees belonging to Special Backward Class who were in employment prior to 15.6.1995, even after their tribe certificates were invalidated. The court also considered the legal provisions of the Act, which provided for withdrawal of benefits secured by claimants on the basis of false caste certificate. The court emphasized that fraudulent claims for benefits should not be protected and that innocent misrepresentations may also lead to claim relief against fraud. The court highlighted the importance of protecting the benefits intended for Scheduled Tribes and the consequences of obtaining benefits through false means. The court also discussed various judgments and observed that statutory provisions cannot be overridden by government resolutions. The court concluded that the State Government's decision to extend protection to employees in employment prior to 15.6.1995 was in the interest of a large section of employees and was justified to avert a serious social problem.
Fact of the Case:
The petitioner challenged Government Resolutions dated 13.6.1995, 3.7.1995, and 30.6.1995, which extended protection to employees belonging to Special Backward Class who were in employment prior to 15.6.1995, even after their tribe certificates were invalidated. The petitioner contended that the resolutions were contrary to the law laid down by the Supreme Court and were against public policy. The petitioner also argued that the resolutions were in breach of statutory provisions of the Maharashtra Scheduled Castes, Scheduled Tribes, Denotified Tribes (Vimuktajatis), Nomadic Tribes And Other Backward Classes and Special Backward Classes Category (Regulation of Issuance And Verification of) Caste Certificate Act, 2000, which provided for withdrawal of benefits secured by claimants on the basis of false caste certificate.
Finding of the Court:
The court found that the State Government's decision to extend protection to employees in employment prior to 15.6.1995 was in the interest of a large section of employees and was justified to avert a serious social problem. The court also emphasized the importance of protecting benefits intended for Scheduled Tribes and the consequences of obtaining benefits through false means.
Ratio Decidendi: The court held that the State Government's decision to extend protection to employees in employment prior to 15.6.1995 was justified to avert a serious social problem. The court also emphasized the importance of protecting benefits intended for Scheduled Tribes and the consequences of obtaining benefits through false means.
Final Decision: The writ petition was dismissed, and the court ruled that the State Government's decision to extend protection to employees in employment prior to 15.6.1995 was justified to avert a serious social problem. The court also emphasized the importance of protecting benefits intended for Scheduled Tribes and the consequences of obtaining benefits through false means.
R.M. Borde, J.
1. Petitioner has approached this Court challenging Government Resolutions dated 13.6.1995 and 3.7.1995 issued by the General Administrative Department i.e. respondent No.2 granting protection to the employees who have been inducted in employment prior to 15.6.1995, from termination, although the tribe certificates secured by them for availing employment have been found to be not valid.
2. Petitioner, in nut shell objects continuance of such of the employees in employment although their claim for validation of certificates are found to be unsubstantiated and the certificates obtained by them have been declared as invalid, false or fake. The petitioner by way of amendment to the petition, is also challenging the Government resolution dated 30.6.2014 extending the benefits in employment to such categories of employees.
3. Petitioner is an Advocate by profession and is rendering services for upliftment of tribes. He is President of the Tribal Rights Protection Committee, a nongovernmental organization functioning in Dhule district.
4. The State Government having noticed that there are various cases having similar nomenclature to that of scheduled tribes, included in the Scheduled Tribes Order, however, are kept away from the benefits available to the tribes, the Government as such, issued resolution on 7.12.1994 directing inclusion of such cases under a specified category Viz. “Special Backward Class”. The Special Backward Class category includes tribes like Govari, Manas, Koshti, Koli, Mannerwar etc. Those categories have been extended benefits under Government Resolution dated 7.12.1994. The State Government issued resolution on 15.6.1995 specifying therein that 2% reservation earmarked for special backward class category would be available to such of those categories in the matter of direct recruitment and for promotion. The principle of creamy layer shall not be made applicable for such category. It is also specified in Government Resolution that such of those employees who have already secured employment on the basis of a caste certificate, certifying them as belonging to ST category and such of those employees who have been promoted during the course of employment, their services shall not be dispensed with.
5. The State Government has issued another Resolution on 3.7.1995 whereunder, the decision taken by the Government on 15.6.1995 has been clarified and it has been specified that the benefits in the matter of direct employment and promotional benefits would be available to special backward class category and the principle of creamy layer shall not be applicable. Services of the employees belonging to such special backward class category, who have secured employment prior to enforcement of the resolution on the basis of a caste certificate certifying them as belonging to ST category, shall not be terminated or promotion accorded to them shall not be withdrawn until further orders. The decision taken by the Government is enforceable from 13.6.1995.
6. By virtue of Government Resolution dated 30.6.1995, it has been specified that employees not belonging to ST category, having secured employment prior to 15.6.1995 or who have been promoted, shall not be removed from employment or such employee shall not be reverted to a lower post and they shall be categorized in the category to which they belong and henceforth the benefits available to such category to which they belong shall be made available to them. Such of those posts falling vacant, shall be filled in by inducting in employment a person belonging to ST category. The aforesaid protection shall be available to the employees inducted in employment prior to 15.6.1995. The seniority of employees falling under said category, shall be considered as on 15.6.1995.
7. Petitioner contends that the State Government has extended protection by issuing Government Resolutions specified above in favour of pseudo tribes. It is contended that the benefits which are no
