Bombay High Court
Bhartiya Adivasi Halba Yuvak Kranti ... vs All India Adiwasi Employyes Federation ... on 3 February, 2020
Author: R.I. Chagla
Bench: S.C. Dharmadhikari, R.I. Chagla
suresh 17-PILG-165.2013.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.165 OF 2013
All India Adiwasi Employees Federation
Registered Association .... Petitioner
Vs.
Union of India & Others .... Respondents
WITH
CIVIL APPLICATION NO.62 OF 2015
IN
PUBLIC INTEREST LITIGATION NO.165 OF 2013
Bhartiya Adivasi Halba Yuvak Kranti
Samiti, Kalyan (E) .... Applicant
And
All India Adiwasi Employees Federation
Registered Association .... Petitioner
Vs.
Union of India & Others .... Respondent
Mr. V.A. Gangal with Mr. A.N. Deshmukh for
the Petitioner.
Ms S.V. Bharucha for Respondent Nos.1, 2,
5 and 6.
Mr. B.V. Samant, AGP, for Respondent Nos.10
and 11.
Mr. T.V. Jadhav i/by Mr. R.K. Mendadkar for
the Applicant in CAI-62/2015.
CORAM: S.C. DHARMADHIKARI &
R.I. CHAGLA, JJ.
DATE : FEBRUARY 03, 2020 P.C:
1. We do not wish to go on monitoring and supervising the implementation and enforcement of the Maharashtra Act Page 1 of 4 suresh 17-PILG-165.2013.doc No.XXIII of 2001 {The Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000}. That Act obliges a person seeking public employment not only to produce the Caste or Tribe Certificate issued by the Competent Authority but after that is procured and produced before the authority appointing him/her against a reserved post, that authority has to forward the underlying claim for verification and scrutiny by the Competent Scrutiny Committee. At the end of this process, the Scrutiny Committee issues a Certificate of Validity. If that is produced, then alone the employment can continue otherwise it must come to an end.
2. If somebody who has secured appointment against a reserved seat, does not comply with the law by undergoing scrutiny and verification of his/her claim and producing the Certificate of Validity, he/she must be visited with such penalty as the law and the applicable service Rules provide for. In the instant case, if the grievance is that the appointment is secured but without such a Certificate of Validity being produced, or the certificate applied for but rejected and yet the appointment is continuing in the reserved seat, then it is for the State Government to establish complete connectivity with the Page 2 of 4 suresh 17-PILG-165.2013.doc Scrutiny Committee or ensure that persons in Government employment against the reserved seats produce the Certificate of Validity before their retirement so that the Government is not obliged to pay pension and retiral benefits to somebody who is not a genuine Scheduled Caste or Scheduled Tribe. If at all the Government is serious about all this, it will enact measures otherwise every bogus caste certificate holder will escape the consequences of law. If this is not to happen, then the record of the employees who have secured employment against reserved posts, whether they have applied for scrutiny and verification and whether that is pending or decided and a certificate is produced, has to be maintained by the concerned offices or Departments of the Government. The information can be collected by the Secretary in the Department of Tribal Development and Department of Social Justice for the Scheduled Castes and Scheduled Tribes and to maintain such records and update them from time to time. There should be a connectivity with the Department employing the Government servant, these two Departments and the Competent Scrutiny Committee. Nobody should be allowed to escape from the clutches of law and that is the anxiety of the PIL petitioner.
3. We grant to Mr. Samant four weeks' time to place before us this data and the record on affidavit. No further adjournment will be granted.Page 3 of 4
suresh 17-PILG-165.2013.doc
4. Mr. Samant should also note that the PIL petitioner has filed an affidavit in rejoinder in this PIL in which it is stated that the State Government has not taken the requisite steps.
The affidavit says that there are thousands of officers who do not belong to the Scheduled Caste or the Scheduled Tribe but by fraudulent means have obtained the Caste Certificate and continue to enjoy the benefit of the promotional posts. Let this aspect be also investigated. The details in para 7 of this affidavit in rejoinder may also be looked into before appropriate response is placed before this Court.
5. List on 2-3-2020.
(R.I. CHAGLA, J.) (S.C. DHARMADHIKARI, J.)
Digitally signed
by SURESH
SURESH JAGDISH
JAGDISH SAJNAWAT
SAJNAWAT Date:
2020.02.07
12:17:46 +0530
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