SUNIL KUMAR PARATE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This petition under Article 226/227 of the Constitution of India is preferred against order dtd. 30/11/2002 by which the petitioner has been terminated from service.

(2.) The relevant factual backdrop giving arise to this petition are that a special recruitment scheme to fill up post of typist in State Civil Supplies Corporation was initiated in the year 1997. The petitioner claiming to be a scheduled tribe candidate belonging to Halba Tribe was selected and appointed vide appointment order dtd. 26/7/1997. However, at the time of making enquiry when he was to be considered for confirmation, it was revealed that the petitioner does not belong to Halba Tribe community but he is Koshti which is not a part of Halba Tribe. The petitioner's case was also referred to the State Tribal Caste Scrutiny Committee. Finally, the Caste Scrutiny Committee held that the petitioner does not belong to Halba Tribe. This led to filing of this petition.

(3.) Learned counsel for the petitioner argued that the petitioner was granted certificate by a competent authority that he belongs to Halba Tribe. It is submitted that at the time when certificate was issued in favour of the petitioner, in the State of M.P., members of Koshti Committee were being treated as part and parcel of Halba Tribe and it was only after the judgment of the Supreme Court in the case of State of Maharashtra v. Milind and others (2001) 1 SCC 4, it was held that the community of Koshti are not part and parcel of Halba Tribe. The certificate was issued to the petitioner on the basis of bonafide assumption of his status, without there being any element of fraud practiced by the petitioner. Therefore, in these circumstances, even if it is held that the Community of 'Koshti' to which petitioner belong is not entitled to be treated as part of Halba Tribe and therefore, not entitled to benefits as a reserved category candidate, in the absence of there being any case of fraud made out against the petitioner, his services were not liable to be terminated, though he could be debarred from claiming further reserved category status.