Case Note & Summary
The petitioner, Bilkis Sheikh Ibrahim, was appointed as an Assistant Teacher on 01.07.1983 in a school run by respondent no.3 (Nirala Education Society) and later by respondent no.4 (Late Bansaraj Singh Thakur Education Society). She had been in service since then based on a certificate showing she belonged to the Bhena Scheduled Tribe. She was promoted in 2009. The Scheduled Tribe Caste Certificate Scrutiny Committee, Nagpur (respondent no.1), acting on a complaint, asked the petitioner to appear before it. Consequently, the society by communication dated 02.08.2013 asked the petitioner to obtain court orders to protect her services in view of a Government Circular. On 31.07.2013, the court issued notices to respondents for final disposal. Respondent no.4 filed an affidavit dated 07.08.2013 stating that based on recent Supreme Court and High Court judgments, the petitioner is entitled to protection in service, and the society had decided to protect her services by a resolution dated 06.08.2013. The court, relying on the Supreme Court judgment in Kavita Solunke v. State of Maharashtra and its own judgment in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (Writ Petition No.5530 of 2012 decided on 10.07.2013), held that the petitioner is entitled to protection of service on certain terms and conditions. The court directed that the petitioner's services be protected pending the scrutiny of her caste certificate by the Scrutiny Committee, subject to the outcome of the scrutiny. The writ petition was disposed of accordingly.
Headnote
A) Service Law - Caste Certificate Scrutiny - Protection of Service - The petitioner, appointed as Assistant Teacher in 1983 based on a Scheduled Tribe certificate, was asked to appear before the Scrutiny Committee following a complaint. The employer society sought court orders to protect her services. Relying on Kavita Solunke v. State of Maharashtra and Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha, the court held that the petitioner is entitled to protection of service on certain terms and conditions pending scrutiny. (Paras 2-4)
Issue of Consideration
Whether the petitioner is entitled to protection of service pending scrutiny of her caste certificate by the Scrutiny Committee.
Final Decision
The court held that the petitioner is entitled to protection of service on certain terms and conditions pending scrutiny of her caste certificate by the Scrutiny Committee. The writ petition was disposed of accordingly.
Law Points
- Protection of service pending caste scrutiny
- Interim relief
- Caste certificate validity
