The verification of validity of caste certificate and determination of caste status should be done only by the Caste Scrutiny Committee constituted in accordance with the law.

ORDER :

1. This petition under Article 226 of the Constitution of India has been filed by the petitioner Mulchand Kawar challenging the order dated 31.5.2016 passed by respondent No. 3 terminating his services on the ground of submission of forged caste certificate; the enquiry report dated 17.11.2015 and the order dated 22.12.2015 of CG State Scheduled Tribe Commission recommending termination of petitioner’s services (Annexure P/1).

2. Brief facts of the case, as mentioned in the writ petition, are that the petitioner Mulchand Kawar was appointed on 12.11.1987 on the post of UDT and at the time of termination, he was holding the post of Principal, Govt. School, Khediago, Block Division Pithora, District Mahasamund. Upon a complaint made by one Lav Kumar on 19.8.2015 against the petitioner that he has obtained government job on the basis of fake caste certificate, an enquiry was conducted into the matter by Sub Divisional Officer, Renenue, Pithoura. In his enquiry report, the SDO held that the petitioner has forged his caste certificate as in the Missal record of his ancestors, his caste is shown as Christianity.

Based on the said enquiry report, CG Scheduled Tribe Commission vide impugned order dated 22.12.2015 directed respondent No. 1 to take action against the petitioner and consequently, vide impugned order dated 31.5.2016 respondent No. 3/DEO, Mahasamund terminated the services of the petitioner under Clause 10(9) of CG Civil Services (Classification, Control and Appeal) Rules, 1966 with immediate effect. This petition was filed by the original petitioner Mulchand Kawar for the following relief:

“(I) That the Hon’ble Court may kindly be pleased to quash the termination order dated 31.05.2016, inquiry report dated 17.11.2015 and order dated 22.12.2015 (Annexure P/1).

(II) May kindly be pleased to direct the authorities to verify the caste certificate of the petitioner before reaching to a conclusion about petitioner’s cast.

(III) Any other relief, which this Hon’ble Court deems, fit in the facts and circumstances may also be granted in favour of the petitioner.”

During pendency of this petition, the petitioner Mulchand Kawar passed away on 8.11.2020 and to carry forward the instant litigation, his legal heirs filed an application (IA No. 05/2021) which was allowed by this Court vide order dated 6.1.2022 and accordingly, the present petitioners were brought on record for contesting this petition. The petitioners pray that after termination of the impugned orders, they be given the benefit of pay, salary and allowances and other retiral dues of the deceased petitioners.

3. Learned counsel for the petitioner submits that CG State Tribe Commission was enacted under the provisions of MP Rajya Anusuchit Janjati Ayog Adhiniyam, 1995 and as per Section 9 of the said Act, no such power or authority has been vested upon the said Commission to look into validity and legality of the caste certificates. In fact, as per CG Scheduled Caste, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 it is only High Power Certificate Scrutiny Committee which is empowered to conduct an enquiry into the verification of caste certificate and pass orders on the validity of the caste certificate. It is a settled law that there is a presumption of validity of caste certificate unless and until such caste certificate is cancelled by the competent authority.

It is contended that the impugned termination order dated 31.5.2016 has been passed on the basis of order dated 22.12.2015 passed by CG Scheduled Tribe Commission which has no jurisdiction or authority to enquire into the validity of the caste certificate and as such, the very foundation of passing the impugned order itself is illegal and therefore, the impugned order is not sustainable in law and it’s a nullity itself. When termination is found to be bad in law, back-wages and other pecuniary benefits and consequential benefits have to be granted. Since origina