DHANNU DAS BURDE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking the jurisdiction of this Court under Article 226 of the Constitution of India, the writ petitioners in this batch of writ petitions are questioning legality, validity and correctness of the order dated 11-1-2016 (Annexure P-1) passed by the Secretary to respondent No.1 whereby the office order dated 1-10-2011 has been revoked / cancelled and it has been further directed to the respective Departments to proceed in accordance with law against those employees / officers who have been granted service protection / benefit of the order / circular dated 1-10-2011.

(2.) Aforesaid challenge has been made by the petitioners herein on the following factual matrix: -

(3.) The respondents / State has filed its counter affidavit stating inter alia that by the circular dated 11-1-2016, a direction has been issued by the Department of General Administration to take necessary action against the employees who are appointed in service of the State Government in violation of the constitutional provisions and in violation of the rules. It has further been pleaded that the impugned circular issued by respondent No.1 is inconformity with the judgment of the Supreme Court in the matters of Kumari Madhuri Patil and another v. Addl. Commissioner, Tribal Development and others, 1994 6 SCC 241 and Marri Chandra Shekhar Rao v. Dean, Seth G.S. Medical College and others, 1990 3 SCC 130. It has also been pleaded that the circular dated 11-1-2016 is in-conformity with the provisions of Section 9 of the Chhattisgarh Scheduled Castes, Scheduled Tribes and Other Backward Classes (Regulation of Social Status Certification) Act, 2013 (for short 'the Act of 2013') which provides that benefits secured on the basis of false social status certificate to be withdrawn. It provides that whoever, secures admission against a reserved seat or secures public appointment against a reserved post meant for such Castes, Tribes or Classes by producing a Social Status Certificate obtained wrongfully or fraudulently, shall on cancellation of such certificate be liable to be rusticated from the educational institution or dismissed from the public employment, as the case may be, forthwith or be denied any other benefit or advantage enjoyed by virtue of such admission or appointment. Therefore, the petitioners are not entitled for any relief and the writ petitions deserve to be dismissed.