AI Structured Summary
Not yet generated for this judgment
Judgment
Anoop V. Mohta, J.—Rule. Rule returnable forthwith. Heard finally with the consent of the parties. Petitioner who was appointed on the basis of caste certificate belonging to "Halba-Scheduled Tribe" is in service since 1997. By the impugned notice/communication dated 21.6.2013, respondent no. 2 directed the petitioner to submit caste certificate by 31.7.2013. Petitioner has filed the present petition on 05.8.2013.
Considering the averments made and in view of judgment of this Court (Coram: Anoop V. Mohta & Z.A. Haq, JJ.) in the case of Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha, in W.P. No. 5530/12 & ors., dated 10.7.2013, on same line, we are inclined to extend protection to the petitioner at this stage, as prima facie case is made out. However, alternate remedy is available to the petitioner. Therefore, we are permitting the petitioner to withdraw the present petition with liberty to approach the appropriate forum within four weeks.
It is made clear that once the law is settled by Supreme Court as well as by this Court revolving around the said issue, the Court/Tribunal is required to consider the same while passing interim as well as final order arising out of such communication based upon the Government Circular dated 18.2.2013. It is stated that the petitioner has placed on record the caste certificate (Annexure P-2).
It is also made clear that the protective order in no way be treated as stay to the impugned communication/notice. Therefore, by keeping all the points open, we are inclined to observe that no coercive steps/action be taken against the petitioner based upon the impugned communication/notice dated 21.6.2013 for a period of four weeks. Petitioner is at liberty to apply afresh for protection before the appropriate forum. Writ petition is accordingly disposed of. No costs. All the points are kept open.