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RAJANI DUBEY
Santgyani Mahanand, Shri Hiralal Mahanand – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed this petition under Article 226 of the Constitution of India against the order dated 04.11.2015 (Annexure P/3) passed by the respondent No.3, whereby the petitioner’s services to the post of Peon has been terminated pursuant to the report of the High Power Caste Scrutiny Committee (for short ‘the Committee’), whereby the petitioner’s claim has been rejected on the ground that the petitioner does not belong to ‘Gond’ Scheduled Tribes caste, whereas he belongs to ‘Gada’ Scheduled Castes community and prior to 1971, his ancestral originally resides in State of Odisha.
2. Brief facts of the case, as projected by the petitioner, are that, on 30.08.1989, the petitioner was appointed as Peon in the office of Respondent No.3 against Scheduled Tribe “Gond” category under the special recruitment drive for the special category and class of people. The caste certificate of ‘Gond” community has been issued on 21.05.1986 by the office of Collector (Adim Jati Harijan Kalyan Shakha) Raipur. The Department, after examining the caste certificate, educational certificate and other documents relating to the testimonials, offered appointment to the petitioner. During t
The court emphasized the protection of service benefits for appointments that have become final and considered the circumstances of caste certificate issuance to determine entitlement to benefits.
The main legal point established in the judgment is the protection of the petitioner's service despite the cancellation of her caste certificate, along with the limitation on claiming benefits as a S....
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.
A fraudulent document is non est from the beginning and cannot be countenanced in law. A party to a litigation cannot approbate and reprobate from his stand taken before a quasi-judicial authority to....
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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