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2008 Supreme(MP) 553

R.K. Gupta, J.
Domudas v. State of M.P.
Writ Petition (S) No. 8455 and 14059 of 2006, 14285 and
14287 of 2007 (J); Decided on 29.4.2008.*

Advocates:
S. Paul for petitioner; Shailesh Mishra for respondents No.1 to 4 and 6; Ajay Ojha for respondents No.5 and 7; S.K. Shrivastava for intervener.

Headnote:Constitution of India -- Arts. 342 and 335 -- appointment secured on basis of false caste certificate showing petitioner as belonging to Scheduled Tribe -- certificate cancelled by High Power Committee -- benefit of AIR 2001 SC 393 cannot be extended because his case relates to employment. AIR 2001 SC 393 distinguished. (2006) 2 SCC 471 and 2008 AIR SCW 1939 followed. [Paras 9 & 10

        Hkkjr dk lafo/kku && vuq- 342 rFkk 335 && ;kph dks vuqlwfpr tutkfr dk gksus ds :i esa n’kkZrs gq, feF;k tkfr izek.ki= ds vk/kkj ij fu;qfDr izkIr dh && mPp ‘kfDr lfefr }kjk izek.ki= jn~n fd;k x;k && , vkb vkj 2001 ,l lh 393 izHksfnrA ¼2006½ 2 ,l lh lh 471 rFkk 2008 , vkb vkj ,l lh MCy;w 1939 vuqlfjrA ¼iSjk 9 ,oa 10½

ORDER

1. In all the aforesaid 4 petitions the common question of law and facts are involved, therefore, all these petitions with the consent of the parties are heard jointly and are decided.

2. The petitioner filed this petition before this Court challenging the order Annexure A-5 in all the petitions, whereby the High Power Committee has cancelled the status certificate of the petitioner. According to the petitioner he does not belong to the Halba/Halbi (ST) community and in fact he is a member of Kosti community and thus, he belongs to the backward class. The petitioners are claiming the relief that benefit of the Milind's case [AIR 2001 SC 393] be extended to them.

3. The petitioner initially was appointed as a Manager with the respondent in the Directorate of Rural Industries (Handloom). The petitioner was also declared as permanent on the post on which he was appointed. According to the petitioner, he was appointed on the basis of status certificate, which was surrendered by the petitioner and the petitioner claimed that he belongs to the Halba (ST) community and the said certificate was issued by Tahsildar Sounsar, District Chhindwara in the year 1983, copy of the same is filed as Annexure P-4. The employment was secured by the petitioner on the basis of false status certificate that he is ST. The respondents on the basis of judgment which is reported in AIR 2001 SC 393, in the matter of State of Maharashtra v. Milind, wherein the Hon'ble apex Court held that Kostis have no identity as ST therefore they cannot claim that they belong to ST Community. The apex Court in the said judgment further held that the cases of status certificate of Halba (ST) shall not be reopened and shall remain unaffected.

4. Para 37 is reproduced as under:

"Respondent No.1 joined the medical course for the year 1985-86. Almost 15 years have passed by now. We are told he has already completed the course and may be he is practising as doctor. In this view and at this length of time it is for nobody's benefit to annul his admission. Huge amount is spent on each candidate for completion of medical course. No doubt, one Scheduled Tribe candidate was deprived of joining medical course by the admission given to respondent No.1. If any action is taken against respondent No.1, it may lead depriving the service of a doctor to the society on whom public money has already been spent. In these circumstances, this judgment shall not affect the degree obtained by him and his practising as a doctor. But we make it clear that he cannot claim to belong to the Scheduled Tribe covered by the Scheduled Tribes Order. In other words, he cannot take advantage of the Scheduled Tribes order any further or for any other Constitutional purpose. Having regard to the passage of time, in the given circumstances, including interim orders passed by this Court in SLP (C) No. 16372/85 and other related affairs, we make it clear that the admissions and appointments that have become final, shall remain unaffected by this judgment."

5. The proceedings against the petitioner were initiated for the cancellation of the status certificate granted to the petitioner and ultimately it is found that the status certificate which was granted to the petitioner is liable to be cancelled because Koshti is S.T. and accordingly the respondents passed an order Annexure A-5 by which the status certificate is cancelled and accordingly it was also directed to take an action against the petitioner.

6. Learned counsel appearing on behalf of the petitioner has not made any submission with regard to the cancellation of the status certificate by the High Power Committee, but during the course of the arguments learned counsel for the petitioner submitted that since the apex Court in Milind's case has held that the benefit which was conferred to the community on the basis of status certificate issued then the benefit shall not be taken away. The submission made as aforesaid by the learned counsel for th














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