IMPORTANT POINTS
1. Scope of judicial review of administrative action is very restricted and limited.
2. A caste certificate being a very important and substantial document , while granting the same a proper inquiry is required to be made.

Headnote:Service Law-Appointment of appellant to post of civil judge-Complaint alleging that appellant had succeeded in getting appointed in the Uttaranchal State Judicial Service on basis of a fake caste and residence certificate- Appellant’s appointment to post of Civil Judge [Junior Division] was terminated on being found that he was neither a permanent resident of the State of Uttaranchal nor belonged to Other Backward Classes of State of Uttarakhand-Cancellation of caste certificate issued to appellant by Tehsildar on ground that appellant had obtained caste certificate in question by fraud- Challenge thereagainst-The order which was passed by Tehsildar whereby he had finally cancelled caste certificate of appellant , was a detailed order giving cogent reasons for decision rendered- The said order could not be termed as an order passed by Tehsildar at anybody’s behest or at the dictation of his superior officer- Said order was passed by Tehsildar independently exercising his own independent mind and upon detailed examination of records- Appellant failed to prove and establish that he was an ordinary resident of Roorkee in the year 2002 when he made an application for his appointment to the post of Civil Judge [Junior Division] and also when he applied for and obtained the caste certificate- The caste certificate was initially issued to him without making a proper and detailed inquiry - Since Tehsildar issued said caste certificate to appellant in a perfunctory manner ,same was cancelled by a detailed order giving cogent and valid reasons thereof-No infirmity found in the judgment and order passed by High Court, upholding order of Tehsildar canceling caste certificate of appellant- Appeal dismissed. (Paras 36 to 38)

JUDGMENT

Dr. Mukundakam Sharma, J. —

1. Leave Granted.

2. By this Judgment and Order, we propose to dispose of three appeals, arising out of SLP (C) No. 25203 of 2008 filed by the appellant herein against the order dated 13.8.2008, SLP (C) No. 8617 of 2006 filed by the State of Uttaranchal against the Judgment and Order dated 23.12.2005 and finally SLP (C) No. 9209 of 2006 filed by the appellant against the Judgment and Order dated 23.12.2005 passed by the High Court of Uttaranchal at Nainital.

3. In SLP (C) No. 25203 of 2008 filed by the appellant, the impugned Judgment and Order dated 13.8.2008 was challenged, whereby the High Court dismissed the writ petition filed by the appellant, praying for quashing the order passed by the respondent, cancelling the caste certificate issued to the appellant.

4. SLP (C) No. 8617 of 2006 was filed by the State of Uttaranchal against the Judgment and Order dated 23.12.2005, whereby the High Court issued a direction for reinstatement of the Arshad Jamil, whose service was terminated by an order dated 18.12.2004.

5. SLP (C) No. 9209 of 2006 was filed by the appellant herein, challenging the Judgment and Order dated 23.12.2005, to the extent it denies the appellant payment of any salary or allowances for the period for which he had not actually worked.

6. Since the subject matters involved in these appeals are inter- connected and similar, all these appeals are being taken up for consideration together, and therefore, a common Judgment and Order is being passed.

7. The Uttrakhand Public Service Commission issued an advertisement in the year 2002 inviting applications for recruitment to the post of Civil Judge [Junior Division]. In the said advertisement, it was clearly mentioned that only residents of the State of Uttrakhand would be entitled to the benefit of reservation under the category of Other Backward Classes. The said advertisement also carried a proforma of the caste certificate to be submitted alongwith the application, wherein it required a certification as to “ordinarily resident” of the applicant. The appellant, herein, obtained a caste certificate, which was issued by the Thesildar, Roorkee to the effect the appellant is a resident of Roorkee and belongs to “Momin Ansari Caste”. The said certificate was dated 29.06.2002.

8. A Memorandum was issued by the Government of Uttrakhand prescribing the format of the caste certificate which an applicant was required to submit in case he was seeking an appointment in the reserved category i.e. SC/ST/OBC. The appellant herein submitted his application offering his candidature for the post enclosing a caste certificate issued by the Tehsildar, Roorkee dated 29.06.02 and appeared in the written examination held for the purpose of recruitment to the aforesaid post of Civil Judge [Junior Division], and after being successful in the examination he was called for an interview on 26.7.2003 under letter dated 26.06.2003. The appellant was found successful and was selected for the post of Civil Judge [Junior Division], against a reserved category post meant for other backward classes, by an appointment order dated 18.9.2003.

9. The appellant was appointed as Civil Judge [Junior Division] on probation for a period of two years. The aforesaid appointment letter was issued, subject to the condition that the character, verification and report of the health examination of the concerned candidate should be satisfactory for judicial service. After he submitted his joining report, the appellant was posted as Civil Judge [Junior Division] at Purola, Utarkashi, Uttrakhand and assumed charge on 22.9.2003.

10. The District Magistrate, Haridwar received a letter issued by the Secretary, Public Service Commission, Uttaranchal, Haridwar informing him that a complaint had been received by the Commission against the appellant herein, wherein it was complained that Arshad Jamil is a permanent resident of House No. 156, Janshath House, Ansari Road, District -

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Judicial Analysis

SupremeToday

2011 Supreme(SC) 878

IMPORTANT POINTS 1. Scope of judicial review of administrative action is very restricted and limited. 2. A caste certificate being a very important and substantial document , while granting the same a proper inquiry is required to be made.

Cases Referred (1)

Judicial Analysis

IMPORTANT POINTS
1. Scope of judicial review of administrative action is very restricted and limited.
2. A caste certificate being a very important and substantial document , while granting the same a proper inquiry is required to be made.