Suppression of material facts and misrepresentation of tribe claim can render an appointment ab-initio void, and the petitioner may not be entitled to any equitable relief.

JUDGMENT :

(Sandeep V. Marne J.):

1. Rule. Rule made returnable forthwith. With the consent of the parties, taken up for final disposal.

2. By this petition, Petitioner challenges order dated 6 December 2022 terminating him from services of Municipal Corporation. He also challenges judgment and order dated 7 July 2015 passed by the Scheduled Tribe Certificate Scrutiny Committee, Konkan Region, Thane rejecting his claim for Tokre Koli Scheduled Tribe.

3. Facts of the case, in nutshell, are that Petitioner claimed status of Tokre Koli Scheduled Tribe and was issued Certificate dated 12 June 2009 by the Sub-Divisional Officer, Thane certifying that he belongs to Tokre Koli Scheduled Tribe. He secured admission in Veermata Jijabai Technological Institute (VJTI) College under reservation category on the strength of his tribe certificate. He was called upon by VJTI College to get his Tribe Certificate verified from the Scrutiny Committee. Accordingly, VJTI submitted a proposal dated 13 September 2013 before the Scheduled Tribe Caste Scrutiny Committee, Konkan Division. During pendency of the proceedings before the Scrutiny Committee, Petitioner completed his education and was awarded B-Tech (Civil) degree.

4. An advertisement was issued by the Respondent- Municipal Corporation for filling up the posts of Junior Engineer. Petitioner applied in pursuance of the advertisement for vacancy reserved for Scheduled Tribe category. By order dated 21 November 2015 Petitioner came to be selected and appointed to the post of Junior Engineer (Civil) in the Water Engineering Department. By letter dated 13 July 2018, Municipal Corporation called him upon to submit Validity Certificate. By letter dated 4 October 2018, Petitioner communicated to the Respondent-Municipal Corporation that his proposal for scrutiny of the Certificate was pending before the Committee and that he was pursuing the said proposal. Since Petitioner failed to submit the Validity Certificate, letter dated 24 March 2021 was issued to him calling him upon to submit the Validity Certificate by 20 April 2021 failing which his services were to be adjusted against supernumerary post.

5. It appears that the Municipal Corporation noticed that the proposal for verification of Tribe Certificate of the Petitioner was already rejected. Therefore, a show cause notice dated 6 July 2021 was issued to the Petitioner calling him upon to show cause as to why his services should not be terminated. Petitioner submitted reply dated 12 July 2021 stating that since his tribe claim was invalidated by the Scrutiny Committee, his services be adjusted against supernumerary post instead of terminating him. Petitioner was issued one more show cause notice dated 18 May 2022 by the Municipal Corporation inviting his attention to the judgment and order of the Scrutiny Committee dated 7 July 2015 invalidating his tribe claim. It was alleged that despite knowledge of invalidation of the tribe claim, Petitioner suppressed the same while seeking appointment with the Municipal Corporation. He was therefore called upon to show cause why his services should not be terminated. Petitioner submitted reply dated 25 May 2022 taking defence that he had not received any order from the Scrutiny Committee rejecting his tribe claim. He requested for copy of the order of the Scrutiny Committee and once against requested for adjusting him against supernumerary post.

6. The Respondent-Municipal Corporation thereafter passed order dated 6 December 2022 terminating services of Petitioner. Petitioner made representation dated 16 January 2023 for his reinstatement in service. He has thereafter approached this Court by filing Writ Petition (Lodg) No. 3016/2023 challenging termination order. When the petition came up for hearing, a statement was made on Petitioner’s behalf that he noticed the factum of invalidation of his tribe claim only after termination of his services. He therefore expressed desire to challenge the order of the Scr