Bombay High Court
Manohar Mahadeorao Aratpayre vs The State Of Maharashtra, Thr. Its ... on 22 November, 2021
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
1 W.P.No.4682.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4682 OF 2021
Manohar Mahadeorao Aratpayre,
..VS..
State of Maharashtra and Anr.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Ms. Kashmira K. Lambat, Advocate for petitioner.
Mrs. K. S. Joshi, G.P. for respondent No.1.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 22.11.2021
1. Heard learned counsel for the petitioner. She submits that although, the social status of the petitioner as "Gowari Scheduled Tribe" has been invalidated, his other social status as "Gowari Special Backward Category" (S.B.C.) has been validated by the Scrutiny Committee (page No.26). The petitioner is, therefore, claiming protection to his service under the category of "Gowari S.B.C.". The petitioner has not filed on record any Government Resolution or any policy of the Government which permits such conversion from a post reserved for Scheduled Tribe to the post reserved for Special Backward Category. It is not in dispute here that the initial appointment of the petitioner was to a post which was reserved for Scheduled Tribe. In this circumstance, the policy of the Government allowing conversion from a post reserved for Scheduled Tribe to a ::: Uploaded on - 22/11/2021 ::: Downloaded on - 23/11/2021 06:06:13 ::: 2 W.P.No.4682.2021 post reserved for Special Backward Category would assume significance and unless there is such a policy framed by the State, if that is permissible in law, no person initially appointed to a post reserved for one category can claim his conversion to a post reserved for another kind of category.
3. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.
4. Mrs. K. S. Joshi, learned G.P. waives service of notice for respondent No.1. Learned G.P. may take instructions in the matter.
JUDGE JUDGE
Kirtak
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