A natural son born to an adopted father by a Scheduled Caste is entitled to the benefits of reservations.

1. - To an advertisement No. 6 Category No. 126/Selections/93/94 for filling up 25 posts of Lecturers in Sanskrit in College Education Department which carried the minimum qualification of post graduate degree in Sanskrit subject with 55% marks at least along with Ph. D or National Level Eligibility Test, the petitioner having fulfilling the qualifications applied for the post of Lecturer in Sanskrit. He was called for interview on 11.3.1996. He appeared in the interview with all his original documents including the Caste Certificate. He was selected having been found fit and was appointed by the respondent No. 4 vide order dated 14.6.1996, copy of which has been attached as Annexure - 2. He joined the duties at Maharani Shri Jaya College, Bharatpur in the month of July, 1996 vide Annexure-2. His services were terminated on 13.12.1996((Annexure-4) on the ground that the certificate of the petitioner belonging to Scheduled Caste was a forged one. Being aggrieved against the order Annexure-4 dated 13.12.1996, the petitioner filed a writ petition being S.B. Civil Writ Petition No. 427/97 which writ petition was allowed and a direction was issued to the respondents to hold an enquiry in regard to the allegations regarding forged certificate of being Scheduled Caste by the petitioner.

2. This Court passed an order 24.1.1997, operative part of which is reproduced as under -

"It has been submitted by Shri Chetan Bairwa that the order of termination is clearly illegal as the petitioner should not have been dismissed from service without any show cause notice or without granting him any opportunity to explain the position. The submission is partially of some substance.

I, therefore, direct the competent authorities to hold enquiry in regard to the allegation regarding production of forged caste certificate by the petitioner and give reasons for holding so. It goes without saying that if at all the finding regarding forgery committed by the petitioner is found to be un-substantiated, he will be at liberty to move this Court for his reinstatement. The enquiry may be completed preferably within a period of four months."

3. An enquiry was held in this regard. It was found that even though the certificate had been issued by the Tehsildar, but the certificate was illegal and as another Annexure-9 dated 30.7.1997 was passed, informing the petitioner that the certificate of being Scheduled Caste produced by him was invalid and in case he wants to represent, he was free to do so. The petitioner represented vide Annexure-10.

4. The contention of the petitioner is that the certificate was declared to be invalid and not the forged one and no reason has been given as to why the certificate produced by the petitioner could not be relied upon.

5. It is the contention of the petitioner that he is the natural born son of Shri Radhey Mohan who was a member of Scheduled Caste. His father was adopted by one Shri Ramlal Mochi on 13.12.1958. His father was brought up by said Ramlal Mochi. A formal adoption deed as registered on 27.11.1972 is also attached as Annexure-11. It is submitted that when his father was adopted by the SC, the ancestral family of the petitioner i.e. the father's family had even agitated and even an FIR was registered with the police against the adopted father which FIR was ultimately quashed by this Court vide order 22.8.1991 (Annexure-12).

6. It is the submission of the petitioner that once his father was adopted by Ramlal a SC, his father had become SC and being the natural son of his father who was a SC by adoption, the petitioner automatically becomes SC and thus the certificate issued by the Tehsildar declaring him to be a member of SC cannot be said to be an invalid certificate. It is further submitted that because of this reason the original family of the father of the petitioner was still having grudge against the family of the petitioner and, therefore, lodged an FIR on 19.6.1996 on the ground that the certificate petition