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NARENDRA KUMAR VYAS
Sanjay Kumar Dekate S/o C. Dekate – Appellant
Versus
State of Chhattisgarh Through Its Secretary, Department of Technical Education – Respondent
ORDER :
1. By this petition, the petitioner has challenged the order dated 04.06.2016 by which the respondents have terminated the service of the petitioner on the count that the caste certificate of the petitioner has been cancelled by the High Power Caste Scrutiny Committee Raipur on 26.11.2007.
2. Brief facts reflected from the record are that, the petitioner was initially appointed on the post of Lecturer (Electronics) in the Higher Education Department on 08.04.1996 thereafter he was posted in the Govt. Engineering College, Raipur. The petitioner was appointed on the said post which was reserved for Scheduled TrCandidate claiming himself to be Halba caste. The petitioner was granted senior pay scale of Rs. 10,000-325-15200 vide order dated 22.01.2004 issued by respondent No.1.
3. The Assistant Commissioner (Tribal Welfare) Balaghat had issued notice on 02.04.2002 directing him to appear before the Caste Scrutiny Committee on 16.04.2002. Since the petitioner was allocated to the State of Chhattisgarh therefore, the High Power Caste Scrutiny Committee, Raipur has conducted the enquiry and vide its order dated 26.11.2007 has cancelled the caste certificate issued in favour of the pe
Point of Law : High Court while exercising powers under Article 226 has power to do substantial justice.
The invalidation of a claim to belong to a reserved category renders the appointment void ab initio, and protecting the services of a candidate found not to belong to the reserved category substantia....
The main legal point established in the judgment is the invalidation of the caste certificate and the overruling of previous decisions by a larger bench, leading to the dismissal of the first respond....
The judgment underscores the significance of prompt scrutiny of caste certificates and the impact of false certificates on genuine candidates, emphasizing the need for swift resolution of caste-relat....
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