STATE OF UTTARANCHAL Vs. SANDEEP KUMAR SINGH

JUDGEMENT

(1.) The question which arises for consideration in the present appeal is as to whether a person belonging to a scheduled caste in relation to a particular State would be entitled or not, to the benefits or concessions allowed to scheduled caste candidate in the matter of employment, in any other State

(2.) G.B. Pant University of Agriculture & Technology, Pant Nagar, Uttaranchal issued employment notice inviting applications from candidates all over the country for various posts mentioned therein. The notification, inter alia, porivded:

(3.) Respondents applied for post of Assistant Professor in different departments as scheduled caste reserved category candidates. In support of their caste, certificates issued by the States of U.P, Bihar and Tripura were produced. Respondents were successful in the selection conducted by the University. Appellant, State of Uttaranchal, wrote a letter to the Vice-Chancellor of the University inter alia stating that reservations in the appointment have been made in violation of reservation policy of the State and all the appointments made by the University in violation of the reservation policy of the State were accordingly cancelled. University, accordingly, withdrew the appointment letters of the respondents under the instructions of the State Government on the ground that they do not belong to scheduled caste category of State of Uttaranchal. The respondents filed writ petitions in the High Court challenging the termination letter. The High Court allowed the writ petitions. The High Court without even adverting to the Constitution Bench decisions in Marri Chandra Shekhar Rao v. Dean, Seth G. S. Medical College and Ors., 1990 3 SCC 130 and Action Committee on Issue of Caste Certificate to Scheduled Castes & Scheduled Tribes in the State of Maharashtra and Anr. v. Union of India and Anr., (1994) 5 SCC 244 allowed the writ petitions filed by the respondents and accordingly quashed the termination orders.