In spite of the decisions of the Standing Committee and the Municipal Council, the Chief Officer of the Municipal Council appears to have sought guidance from the Director of Municipal Administration, Nagpur and the Collector, Bhandara regarding further action to be taken in the matter.
However, it was also stated in the Resolution of the Standing Committee that its decision will be subject to the decision of the High Court in the pending Writ Petition.
The appellants family had shifted to Kamptee in the Nagpur district of Maharashtra and had become permanent residents of Nagpur district.
However, on the basis of a companyplaint dated 24.04.2003 filed by one Sattar Khan, President, Nagar Sudhar Nagrik Samiti, Bhandara, the Divisional Caste Certificate Scrutiny Committee for short the Committee companyducted an inquiry regarding the caste of the appellant.
The Standing Committee took such a decision in the light of Maharashtra Government Order dated 07.12.2001 permitting companyversion of post reserved for Scheduled Castes in the Urdu medium schools into open category post and for filling up such post by open category candidates.
The Director of Municipal Administration informed the Municipal Council that since the Caste Certificate of the appellant was invalidated by the Committee, new recruitment process should be started and in the new recruitment process, the appellant also companyld apply.
By an order dated 22.03.2006, the Committee came to the companyclusion that the appellant failed to submit proof evidence to show that he belongs to caste Behna and rejected the appellants claim that he belongs to caste Behna.
His appointment was in the category reserved for Scheduled Castes.
1993 of 2006 was disposed of as withdrawn on 10.08.2006.
995 of 2007 filed by Mohd.
Challenging the order of the Committee, the appellant filed Writ Petition No.
Thereupon, the appellant filed Writ Petition No.
As per order dated 22.06.1992, the appellant was appointed as an Assistant Teacher by respondent No.2 Municipal Council, Bhandara in Nagar Parishad Urdu High School, Bhandara respondent No.3 run by the said Municipal Council.
52 dated 08.09.2006 approving the Resolution dated 27.06.2006 of the Standing Committee treating the appellant as a candidate in the open category.
Asif, the appellant herein.
According to the Certificate dated 16.12.1988 issued by the Naib Tahsildar of the Rajnandgaon, the appellant belongs to Muslim Pathan Behna Caste which was recognized as OBC Other Backward Classes in the State of Madhya Pradesh.
Admittedly, caste Behna is recognized as a Scheduled Caste in the State of Maharashtra.
In the light of the above mentioned Resolution of the Standing Committee, the appellant sought permission of the High Court to withdraw his Writ Petition and accordingly Writ Petition No.
1993 of 2006 in the Nagpur Bench of the High Court of Bombay.
As per the Certificate dated 21.09.1995 issued by the Executive Magistrate, Kamptee, Nagpur, the appellant belongs to the caste Behna which is recognized as Scheduled Caste in the State of Maharashtra.
995 of 2007 in the Nagpur Bench of the High Court of Bombay challenging the order dated 23.11.2006 of the Director of Municipal Administration directing to start new recruitment process.
After such disposal of the Writ Petition, in its General Meeting the Municipal Council passed Resolution No.
While the said Writ Petition was pending before the High Court, the Standing Committee of respondent No.2 Municipal Council passed a Resolution dated 27.06.2006 treating the appointment of the appellant as an appointment in the open category.
CYRIAC JOSEPH, J. Leave granted.
According to the appellant, his ancestors were residents of Rajnandgaon which was earlier part of the State of Madhya Pradesh and is number part of the State of Chattisgarh.
This appeal by special leave is filed against the judgment dated 21.11.2007 passed by the Nagpur Bench of the High Court of Bombay dismissing Writ Petition No.
