RAMKESHWAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the above writ petitions arise from the same cause of action and involve common facts and question of law, thus, they are being considered and decided by this common order. Challenge in Writ Petition (S) No. 6554 of 2007 is to the order dated 24-9-2007 (Annexure P/12) passed by the High Power Caste Scrutiny Committee (for short the 'Committee') whereby it has been held that the petitioner has obtained Government employment on the basis of false caste certificate and the respondent-authorities have been directed to cancel his appointment on the post of Assistant Surgeon, with immediate effect.

(2.) In Writ Petition No. 1538 of 2002, there is no challenge to any specific order but the petitioner prays for commanding the respondent authority by way of appropriate writ/order to initiate enquiry against the respondent No. 7, who has obtained Government employment on the basis of false caste certificate.

(3.) Shri Paranjpe, learned counsel appearing for the petitioner in W.P. (S) No. 6554/2007, submits that the petitioner is working as Incharge, Block Medical Officer and posted at Primary Health Centre, Kondagaon, Jagdalpur, District Bastar. Initially, he was appointed as Assistant Surgeon under the Other Backward Category (for short 'the OBC), on 18-3-1991 after acquiring the degree of M.B.B.S. from Jiwaji University, Gwalior in the year 1991. Shri Paranjpe further submits that though, the petitioner has secured the admission in M.B.B.S. course as a Scheduled Tribe (for short 'the S.T.') category. Thereafter, the petitioner participated in the post graduate course wherein some other candidates filed a writ petition claiming that the seat was reserved for ST candidate whereas the petitioner does not belong to the same. The said petition, being Misc. Petition No. 2359/1990, was disposed of by a Division Bench of High Court of Madhya Pradesh, Bench at Gwalior, vide order dated 5-2-1991 (Annexure P/7) observing that the petitioner should not be denied the fruits of education and it was further found that the petitioner does not belong to ST category but in fact, he belonged to OBC category. Later on, the petitioner joined the Government service as an OBC category candidate. However, on 20-4-2007 (Annexure P/9), the petitioner was issued a notice by the Committee with regard to verification of his social status and thereafter, again on 19-7-2007 (Annexure P/11) another notice was issued and the petitioner was directed to appear before the Committee. The petitioner filed his reply and appeared before the authorities also. Vide the impugned orders dated 24-9-2007 (Annexure P/12) and 15-10-2007 (Annexure P/13), the Committee held that since the petitioner has secured MBBS degree on the basis of claiming himself to be a ST category candidate, thus, his appointment may be cancelled. Thus, this petition.