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2000 Supreme(Gau) 159
GAUHATI HIGH COURT
Brijesh Kumar, D.Biswas, JJ.
Rasheshwar Chandra Paul -Appellant
Versus
State of Assam -Respondent
Writ Appeal No. 238 of 1999
Decided On : 27-04-2000
S.Seal , R.Majumdar, I.Hussain, B.Banerjee, A.S.Choudhary
Submission of a false caste certificate to secure appointment against reserved category posts can lead to the cancellation of the appointment and may impact future considerations for appointment.
Headnote:
Caste Certificate - Appointment Cancellation - [Assam Public Service Commission Act, 1984, Section 8(1)(a); Assam Medical Education Service Rules, 1960, Rule 5] - The court examined the cancellation of appointment of the appellant as Registrar of Surgery at Silchar Medical College due to the submission of a false caste certificate. The court found that the appellant had submitted a false caste certificate to secure appointment against reserved category posts, leading to the cancellation of his appointment. The court also noted that the appellant's claim for special privilege as a member of a Scheduled community was found to be false after an enquiry by the appropriate authority. The court upheld the cancellation of the appointment and emphasized that the appellant could still be considered for appointment in the government department as a General category candidate.
Fact of the Case:
The appellant's appointment as Registrar of Surgery at Silchar Medical College was cancelled due to the submission of a false caste certificate, which was found to be obtained on false information.
Finding of the Court:
The court upheld the cancellation of the appointment, emphasizing that the appellant could still be considered for appointment in the government department as a General category candidate.
Issues: Validity of the appellant's caste certificate, cancellation of appointment, consideration for future appointment as a General category candidate.
Ratio Decidendi: Submission of a false caste certificate to secure appointment against reserved category posts led to the cancellation of the appellant's appointment. The appellant's claim for special privilege as a member of a Scheduled community was found to be false after an enquiry by the appropriate authority.
Final Decision: The appeal was dismissed, and the court endorsed the view that the appellant's case may be considered for appointment as a General category candidate in the future.
2. At the every outset, we would like to clear the facts for better appreciation of the problem before us. The appellant, after obtaining MBBS Degree joined the Medical Service as Demonstrator of Pharmacology in Silchar Medical College, Silchar in the year 1982 and after regularisation of his service in the said post he was attached to the Surgery Department as Registrar of Surgery vide Govt order dated 3.7.87. The appellant's appointment and attachment was preceded by his selection by the Assam Public Service Commission for the post of Registrar of Surgery. The selection was held on 23.3.93 and the position of the appellant in the Select List was at serial No. 8. He had indicated in his application to the Assam Public Service Commission that he belongs to Rudra Paul community and he is a member of Other Backward Community (OBC). After his appointment, as is the practice, it was found on verification that the Caste Certificate given by him is false. The respondent authority, therefore, cancelled his admission which he had taken in the MS. Course in the meantime, by an order passed by the Governor. In this writ appeal we are not concerned with this order which has been subject matter of dispute in Civil Rule No. 357 of 1998. However, his appointment as Registrar of Surgery of Silchar Medical College was also cancelled by an order dated 29th September, 1997. This order has been impugned by the appellant in the Civil Rule No. 4990 of 1997 which is now being examined by this Court.
3. The learned Single Judge dismissed the civil rule rejecting the prayer of the appellant for quashing the order dated 29th September, 1997 mainly on the ground that the Caste Certificate issued to the appellant was found to have been obtained on false information.
4. Shri AS Choudhury, the learned counsel for the writ appellant submitted that the appellant belongs to 'Rudra Paul' Sub Caste of Cachar District which is recognised by the authority as OBC. The OBC Development Board issued a certificate, but inadvertently shown the appellant as a member of the tea garden labourers community in place of Rudra Paul. The appellant had filed the Caste Certificate along with his application to the Assam Public. Service Commission without notice of the aforesaid mistake.
5. We have considered the judgment passed by the learned Single Judge and the documents on record. His claim for special privilege being a member of a Scheduled community was found to be false after an enquiry by the appropriate authority. It would appear from Annexure 10 attached to Civil Rule No. 357 of 1998 that the appellant Was served with a notice to appear before the Sub Divisional Registrar (Sadar), Silchar on 29.5.97 at 11.00 AM in connection with the enquiry in respect of his OBC Certificate. He was also directed to produce relevant documents in support of his claim. The appellant appeared before the authority and his statement was recorded. In addition, other witnesses, namely, Sri Madhab Ch Paul, Sri Bikramjit Paul, Sri Rabindra. Chandra Paul and Sri Haridhan Paul were also examined. After completion of the enquiry, the SDO (Sadar), Silchar submitted his report to the Deputy Commissioner, Cachar. The report is quoted below :
“ Govt of Assam:: Office of the Deputy Commissioner Cachar:: Silchar. No.PER/ADMN/1/96/116 dated, Silchar, the 9th June,'97. The Deputy Commissioner, Cachar, Silchar.
Sub : Submission of enquiry report in respect of OBC certificate issued to Dr. RC Paul, Registrar of Surgery, Silchar Medical College, Silchar. Sir, With reference to the subject indicated above, I have the honour to state that self in pursuance of the directives issued vide your endorsement dated 12.5.9
