MOHIT S.SHAH, VASANTI A.NAIK, R.K.DESHPANDE
Arun – Appellant
Versus
State of Maharashtra through its Secretary, Department of Education – Respondent
R.K. DESHPANDE, J.
1. All these matters are placed before this Full Bench by a common order of reference dated 1-10-2013 passed by the Division Bench of this Court (Smt. Vasanti A. Naik and Shri A.S. Chandurkar, JJ.) to consider and decide the following questions:
"1) Whether the relief of protection of service after invalidation of the caste claim can be granted by the High Court on the basis of the judgment of the Hon'ble Supreme Court in Kavita Solunke Vs. State of Maharashtra and others 2012(8) SCC 430?
2) If the answer to question No.1 is in the affirmative, can such relief of protection of service be granted by the High Court in a case where the same relief has been earlier refused by the High Court?"
2. The reason for framing question No.1 is that there is conflict of views taken by the different Division Benches of this Court upon consideration of the decision of the Apex Court in the case of Kavita Solunke v. State of Maharashtra and others, reported in (2012) 8 SCC 430. One line of the decisions taking the view that the protection in service granted in Kavita Solunke'
Jodhey v. State AIR 1952 All 788
Mahendrakumar Namdeorao Hedaoo v. Scheduled Tribe Caste Certificate Scrutiny Committee
R. Unnikrishnan and another v. V.K. Mahanudevan and others 2014(4) SCC 434
Rakesh Sukanuji Dafade v. State of Maharashtra and another 2014 (3) Mh.L.J. 307
Pradip Gajanan Koli v. State of Maharashtra and others 2014(2) Mh.L.J. 779
Prabhakar Nandanwar v. Joint Commissioner and Vice Chairman Scheduled Tribe Certificate
A.P. Ramtekakar v. Union of India and others 2013(2) Mh.L.J. 419
Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council
Rajendra Ramaji Mahisbadwe v. Joint Commissioner and Vice Chairman 2013(3) Mh.L.J. 393
Archana Dadarao Pethkar v. Joint Commissioner and Vice Chairman 2013(3) Mh.L.J. 764
Kavita Solunke Vs. State of Maharashtra and others 2012(8) SCC 430
Dattu Namdeo Thakur v. State of Maharashtra (2012) 1 SCC 549
Raiwad Manojkumar Nivruttirao v. State of Maharashtra and another (2011) 9 SCC 798
Ramesh Chandra Sankla and others v. Vikram Cement and others (2008) 14 SCC 58
Raju Ramsing Vasave v. Mahesh Deorao Bhivapurkar (2008) 9 SCC 54
Yogesh Ramchandra Naikwadi v. State of Maharashtra (2008) 5 SCC 652
Union of India v. Dattatraya Namdeo Mendhekar (2008) 4 SCC 612
Prashant s/o Haribhau Khawas v. State of Maharashtra and others 2008(2) Mh.L.J. 322
P.V. George and others v. State of Kerala and others (2007) 3 SCC 557
Additional General Manager/Human Resource BHEL v. Suresh Ramkrishna Burde (2007) 5 SCC 336
State of Maharashtra v. Sanjay K. Nimje (2007) 14 SCC 481
Sandeep Subhash Parate v. State of Maharashtra and others (2006) 7 SCC 501
Surendra Hanmanloo Gandam v. State of Maharashtra and others 2006(1) Mh.L.J. 308
National Westminister Bank Plc. v. Spectrum Plus Ltd. (2005) 3 WLR 58
Bank of India v. Avinash D. Mandivikar (2005) 7 SCC 690
R. Vishwanath Pillai v. State of Kerala (2004) 2 SCC 105
Sujit Vasant Patil v. State of Maharashtra and others 2004(3) Mh.L.J. 1109
Mohan Parasnath Goswami v. Committee for Scrutiny of Caste Certificates and others
State of Maharashtra v. Milind and others (2001) 1 SCC 4
Baburam v. C.C. Jacob (1999) 3 SCC 362
Ashok Kumar Gupta v. State of U.P. (1997) 5 SCC 201
B.C. Chaturvedi v. Union of India and others (1995) 6 SCC 749
Kum. Madhuri Patil and another v. Additional Commissioner
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