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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 6750 OF 2022

Om s/o Bhagwanrao Anjanwad,

Age : 31 years,

Occupation : Service (Civil Engineering Assistant),

R/o Drongiri Nagar, Near Nagar Palika Office,

Hadgaon, Tq.Hadgaon, Dist. Nanded.

...Petitioner

-Versus-

1.

The State of Maharashtra.

Through it’s Principal Secretary,

Department of Rural Development,

Mantralaya, Mumbai-32.

2.

Chief Executive Officer,

Zilla Parishad, Nanded,

Tq. and Dist. Nanded.

...Respondents

AND

WRIT PETITION NO. 6771 OF 2022

Shital d/o Govindrao Bainwad,

Age : 32 years,

Occupation : Service (Supervisor, ICDS),

R/o Datta Krupa Niwas,

Behind Hanuman Mandir,

Ganesh Nagar, Umri,

Tq.Umri, Dist. Nanded.

...Petitioner

-Versus-

1.

The State of Maharashtra.

Through it’s Principal Secretary,

Department of Rural Development,

Mantralaya, Mumbai-32.

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2.

Chief Executive Officer,

Zilla Parishad, Nanded,

Tq. and Dist. Nanded.

3.

District Program Officer (ICDS),

Zilla Parishad, Nanded,

Tq. & Dist. Nanded.

...Respondents

…

Mr. C.R. Thorat, Advocate for the petitioners.

Mr. Mahesh S. Deshmukh, Advocate assisted the Court.

Mr. P.S. Patil, Additional Government Pleader, for respondent

No.1/State.

Mrs. Yogita S. Thorat, Advocate for respondent Nos.2 and 3/Zilla

Parishad.

...

CORAM : DIPANKAR DATTA, CJ,

RAVINDRA V. GHUGE &

SMT. VIBHA KANKANWADI, JJ.

Reserved on :- 07^th July, 2022

Pronounced on :- 22^nd July, 2022

JUDGMENT (

Per Ravindra V. Ghuge, J.

) :-

1.

In Writ Petition No.6771/2022, the Division Bench

(coram : Chief Justice & Ravindra V. Ghuge, J.) passed an order

on 05.07.2022 as under: -

“1.

Having heard Mr. Thorat, learned advocate for

the petitioner, Mr. Patil, learned Additional

Government Pleader for the respondent

no.1/State and Ms. Thorat, learned advocate for

respondents 2 and 3/Zilla Parishad, we are of

the view that the issue raised in this petition

can be advantageously heard by a Bench of

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three judges.

2.

Let the file be placed before the Chief Justice

for appropriate orders.”

2.

In view of the above, the Hon’ble the Chief Justice

was pleased to constitute this Larger Bench and the writ petition

was posted for hearing on 07.07.2022.

3.

Writ Petition No.6750 of 2022 filed by the same

advocate for the petitioner, was before the Division Bench on

06.07.2022. Considering the above order, the said petition was

tagged along with Writ Petition No.6771 of 2022 and heard

together on 07.07.2022.

4.

In Writ Petition No.6750 of 2022, the petitioner has

put forth prayer clause A as under: -

“A.

By issuing Writ of Mandamus or any other

appropriate writ or direction in the like nature,

the respondent no.2 may kindly be directed to

not to insist to the petitioner, to submit the

Tribe Validity Certificate, as his appointment is

from the Compassionate Ground and not from

the Scheduled Tribe category.”

5.

In Writ Petition No.6771 of 2022, the petitioner has

put forth prayer clause A as under: -

“A.

By issuing Writ of Mandamus or any other

appropriate writ or direction in the like nature,

the respondent no.2 and 3 may kindly be

directed to not to insist to the petitioner, to

submit the Tribe Validity Certificate, as her

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appointment is from the Compassionate

Ground and not from the Scheduled Tribe

category.”

6.

We have considered the strenuous submissions of

the learned counsel.

7.

During the course of hearing in the matters, the issue

arising for consideration of the Larger Bench has been

formulated by us as under: -

“Whether, a compassionate appointee, is not

required to submit a caste/tribe validity certificate

when the parent had secured employment, on the

basis of a caste/tribe certificate, on a post which

was specifically reserved for a backward category

and who did not submit a validity certificate until

his/her demise while in service?”

8.

The learned advocate for the petitioners reli