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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
RAVINDRA MAITHANI, ALOK MAHRA
Hukum Singh – Appellant
Versus
State of Uttarakhand – Respondent
| Table of Content |
|---|
| 1. factual history of disputed sc quota appointment. (Para 1 , 2) |
| 2. contentions on caste certificate genuineness and status. (Para 3 , 4) |
| 3. scrutiny findings binding; false certificate voids appointment. (Para 5 , 6 , 7) |
| 4. appeal dismissed; termination order affirmed. (Para 8 , 9) |
JUDGMENT :
1. This intra-court appeal has been preferred by the appellant assailing the judgment and order dated 25.04.2017 passed by the learned Single Judge in Writ Petition (S/S) No. 1872 of 2015, Hukum Singh v. Uttarakhand Transport Corporation Ltd. & Others, whereby the writ petition filed by the appellant came to be dismissed.
2. Brief facts of the case, as per record, are that the appellant was initially appointed as a Driver in the erstwhile Uttar Pradesh State Road Transport Corporation (UPSRTC) under the Scheduled Caste quota vide appointment order dated 27.07.1995, on the basis of a caste certificate claiming that he belonged to Dom caste, a notified Scheduled Caste. His services were subsequently regularised on 07.05.1999. In the year 2009, doubts were raised regarding the genuineness of the caste certificate produced by the appellant at the time of his initial appointment. Upon
Appointment on false caste certificate void ab initio; Scrutiny Committee findings binding; no right to service continuation despite length of service or equity.
Verification of caste status is essential for appointments in reserved categories; reliance on a fraudulent certificate invalidates employment.
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.
Caste status is acquired by birth, not by marriage, and a person cannot acquire the status of a Scheduled Tribe merely by marriage to a person belonging to a Scheduled Tribe community.
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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