Staff Reporter
Maharashtra Government has terminated services of Additional Collector Chandrabhan Parate as his Scheduled Tribe certificate was termed invalid by the Caste Scrutiny Committee. Parate belongs to Halba community and was selected as Tehsildar from Scheduled Tribe quota in year 1990. He is first officer in State Revenue Cadre to be dismissed from service post-Supreme Court judgement of 2017 upholding the contention that Halba does not come in the list of Scheduled Tribes. From that time the Damocles Sword was hanging on the officers in various Government departments who were selected on reserved posts listed for Scheduled Tribes and especially those having Halba caste certificate. The Revenue and Forest Department of Maharashtra Government on March 26 issued the notification about dismissal of Parate from the service. Many others from the Halba community had faced trouble but at time of retirement as their dues were withheld on ground of infirmity of their caste certificate.
Parate was recruited to post of Trainee Tehsildar through Maharashtra Public Service Commission (MPSC) in year 1990 and subsequently he was promoted in Scheduled Tribe and became Deputy Collector. He had submitted the Caste certificate issued by Maharashtra Scheduled Tribe Certificate Scrutiny Committee, Pune, while being appointed to post of Tehsildar. However, subsequent to cross verification, Caste Scrutiny Committee, Nagpur Division, had termed the said certificate of Parate as invalid through its order dated July 17, 2003. Thereafter, Parate challenged the caste committee order at Bombay High Court’s Nagpur Bench in year 2012. The High Court upheld the contention of the committee and rejected Parate’s plea observing that the order as to rejection of caste certificate of ST is just and proper.
Parate then moved the Apex Court and challenged the rejection of his claim by High Court. In its order, the Apex Court said that it is not proper to provide protection to those in Government service in aftermath of rejection of their caste certificates. The order was of year 2017 and, thereafter, it was sent to Law and Justice Department with a query whether Parate’s service can be continued in supernumerary post as per prevalent rules. The opinion was received by Revenue Department in year 2020 wherein it referred to 2017 judgement of Supreme Court that referred to observations made in Jagdish Balram Bahra & others that once the claim of Halba is negated by the Caste Scrutiny Committee, no advantage thereafter be extended to the appellant as any such extension would run contrary to the legislation. Hence relying on the said opinion, Revenue and Forest Department after getting sanction from Governor, directed Divisional Commissioner, Nagpur Division, to terminate services of Chandrabhan Parate.