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2005 Supreme(UK) 542
2006 (1) U.D., 20
High Court of Uttaranchal
Hon'ble Cyriac Joseph, C.J. and Hon'ble Rajesh Tandon, J.
Arshad Jamil - Petitioner
Vs.
State of Uttaranchal and others - Respondents
Writ Petition No. 413 (S/B) of 2004,
decided on 23-12-2005.
Sri Sudhanshu Dhulla, Senior Advocate, assisted by Sri D. S. Patni, Advocate for the petitioner.
Sri Sharad Sharma, Advocate for the respondent no. 2.
Learned Standing Counsel for the respondents no. 1, 3, 4 and 5.
The central legal point established in the judgment is the requirement for valid recommendations by the High Court for the termination of service of a member of the subordinate judiciary, and the compliance with legal provisions for caste certificate issuance and termination of probation.
Headnote:
OBC Certificate - Civil Judge Appointment - U.P. Reservation (For Scheduled Caste, Scheduled Tribe and Other Backward Class) Act, 1994 - The judgment discusses the validity of the OBC certificate for the appointment of a Civil Judge and the termination of services based on the certificate. It highlights the legal provisions of Article 235 of the Constitution of India, U.P. Reservation Act, 1994, and U.P. Nyayik Constitution Sewa Niyamawali, 1951, and their interpretations in the context of control over subordinate courts, caste certificate issuance, and termination of probation.
Fact of the Case:
The petitioner, a member of the 'Momim-Ansar' caste, applied for the post of Civil Judge (Junior Division) and was appointed on probation. Subsequently, an inquiry was conducted regarding the validity of the petitioner's OBC certificate, and a recommendation was made to terminate the petitioner's services based on a complaint and residency issues.
Finding of the Court:
The court found the termination of the petitioner's service to be arbitrary and illegal, as it was based on an ex-parte inquiry and lacked sufficient material and compliance with legal provisions. The court directed the reinstatement of the petitioner in service without any break.
Issues: The issues included the compliance of Article 235 of the Constitution of India, validity of the OBC certificate, and the termination of probation without proper authority and compliance.
Ratio Decidendi: The court emphasized that the power of control over subordinate courts lies with the High Court, and any decision to terminate the service of a member of the subordinate judiciary must be based on a valid recommendation made by the High Court. The court also highlighted the importance of compliance with the U.P. Reservation Act, 1994, and the U.P. Nyayik Constitution Sewa Niyamawali, 1951, in matters of caste certificate issuance and termination of probation.
Final Decision: The court quashed the termination order and directed the respondents to reinstate the petitioner in service without any break, while emphasizing that the petitioner would not be entitled to any salary or allowances for the period not worked.
1. Heard Sri Sudhanshu Dhulla, Senior Advocate, assisted by Sri D. S. Patni, leaned counsel for the petitioner and Sri Sharad Sharma, counsel for the respondent no. 2 and Standing Counsel for the respondents no. 1, 3, 4 and 5.
2. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated 18-12-2004 passed by respondent no. 1 terminating the services of the petitioner as Civil Judge (J.D.). Petitioner has, further, prayed for a writ of mandamus directing the respondents to allow the petitioner to work on the post of Civil Judge (Junior Division) and pay him salary regularly.
3. Briefly stated, an advertisement No. 2/2002-2003 was published inviting applications for the post of Civil Judge (Junior Division), by the Uttaranchal Public Service Commission (U.P.S.C.). The petitioner, being a member of the caste 'Momim-Ansar' which is included in the list of Other Backward Classes (O.B.C.) in Uttaranchal, applied for the post of Civil Judge (Junior Division). Admit Card was issued to the petitioner for the preliminary examination. The petitioner succeeded in the said examination and he was called for the main examination. The list of successful candidates for Interview was published in the News Paper by the Public Service Commission. The petitioner was one of the candidates included in the list of successful candidates. Accordingly, a letter was sent on 26-06-2003 calling him to appear for Interview on 26-07-2003. With this call letter for interview dated 26-06-2003, a format of OBC Certificate was sent which was to be submitted on the date of Interview. The said OBC certificate on prescribed format sent by UPSC was duly Issued by the Tehsildar Roorkee after examining the OBC Certificate of the petitioner No. 665 dated 29-06-2002. As per advertisement, apart from the said format of caste certificate issued by UPSC, there was no other requirement with regard to residence. The format as well as Certificate issued are quoted below :-
English Text
Office of the Tahsildar, Roorkee
Letter No. 665 Na. Na. 2002 dt.
CERTIFICATE OF OTHER BACKWARD CLASS
Certified that Shri Arshad Jamil s/o Sri Jamil Ahmed rio 7, Sekhpuri in front of Deo Nurshing Home, Rurkee, Pargana and Tehsil Rurkee, District Haridwar is a member of Other Backward Caste, Momin Ansar of the State of Uttaranchal. This caste has been recognized under Schedule I of Uttaranchal Public Service Commission and Other Backward Classes Reservation Act, 1994 as enforceable in the State of Uttaranchal. It is also certified that Shri Arshad Jamil is not covered by Notification No. 22/16/92-ka-2/1995 nCI. dated 8 December, 1995 as amended vide Schedule2 of the said Act, 1994. Sri Arshad Jamil and/or his family ordinarily resides at 7, Sekhpuri Village, Roorkee Tehsil Haridwar Nagar of Uttaranchal State.
Dated: 29-6-2002 Sd/- (illegible)
Tehsildar, Rurkee
After the interview, a list of successful candidates was issued by the UPSC recommending for appointment as Civil Judge (Junior Division). In this list the name of the petitioner found place at Serial No. 29 in the category of OBC, meaning thereby that the documents and certificates of the petitioner were found to be to the satisfaction of respondent no. 3. The list of successful candidates is extracted be/ow:-
SI. No. Roll No. Name Category
1- 6643 Nitin Kumar
2- 2321 Dhananjay Kumar
3- 2041 Ajai Chaudhari OBC
4- 566 Anuj Kumar Sangal
5- 111 Raieev Kumar khulbe
6- 2119 Kaushal Kishor Shikla
7 - 65 Sudhir Kumar
8- 527 Amit Kumar Sirohi
9- 12320 Neetu Joshi Women
10- 2013 Sujata Singh
11- 13723 Shahanshal Mohd. Dilber Danish
12- 2124 Srikant Kumar Pandey
13- 173 Rakesh Kumar Mishra
14- 12281 Vindhyachal Singh
15- 1879 Km. Rama Pandey
16- 5717 Manish Mishra
17- 6943 Neena Agrawal
18- 3018 Brijendra Singh SC
19- 6228 Amarinder Singh
20- 3244 Bharat Bhushan Pandey
21- 101 Arvind Kumar OBC
22-
