1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 8 OF 2009 Digamber Manikrao Bhosale ... Petitioner Vs. R. Rangasayee & Ors. ... Respondents Mr. V.Narayanan with Ms. Anisha Narayanan, Advocates, for the petitioner. Ms. Pooja Thorat i/b. M.V.Kini & Co., Advocates, for respnodent No.1. Ms. Shobhana Gopal, Advocate for respondent No.4. CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 24th February, 2010. P.C. 1. The petitioner has approached this Court challenging the appointment of the respondent No.4 to the post of Head Clerk which was a post reserved for S.T. The petitioner herself does not belong to S.T., but it is her case that her husband belongs to a notified S.T. Mahadev Koli in the State of Maharashtra. The contention of the petitioner is that even the husband of respondent No.4 does not belong to Mahadev Koli, but belongs to Bhandari which has been notified as O.B.C. in the State of Maharashtra. 2 2. Our attention is invited to an Office Memorandum dated 28.1.2010 whereby reference is made to the Department’s O.M. dated 19.5.1993 wherein they have set out that if Government servant had furnished false information or produced a false certificate in order to secure appointment, he should not be retained in service. 3. That respondent No.4 does not belong to S.T. is an accepted position. At the highest, the case of the respondent No.4 is that she has married to a person who belongs to S.T. and therefore entitled to claim. This position, in our opinion, has been negatived by the Supreme Court. Reference may be made to one of the earlier Judgments in the case of Valsamma Paul vs. Cochin University & Ors. AIR 1996 SC 1011. The only issue that was left open for consideration is whether respondent No.4 had furnished false information or produced false certificate in order to secure appointment. Enquiry is going on. Considering the above, this petition can be disposed of by issuing the following directions :- (i) The enquiry to be completed within eight weeks from today. (ii) On the enquiry being completed and decision taken, respondent nos. 1 to 3 to communicate to the petitioner within two weeks thereafter. 3 With the above observations, the petition is disposed of. (J.H.BHATIA,J.) (F.I.REBELLO,J.)