KHALIL AHMED Vs. UOI

JUDGEMENT

(1.) The petitioner has filed the present writ petition feeling aggrieved by the penalty of removal from service by DIGP, RAF/CRPF vide order dated 30 th September, 1999.

(2.) Admittedly, petitioner secured employment as an ASI (Clerk) vide letter offering appointment issued to him on March 16, 1989. Admittedly, the recruitment was with respect to an advertisement as per which the 11 posts of Assistant SubInspector (Clerk) were reserved: 5 for SC and 6 for ST candidates. Admittedly, the petitioner neither belongs to either two categories. He professes Muslim faith and claims to be belonging to a Backward Community. As we would be noticing herein after, it remains a mystery as to who resorted to a strategy of contrivance resulting in the petitioner being issued the offer of appointment and as per the record of the respondent, in the ST category; but later on the record being fudged.

(3.) As per the petitioner when he filled up the application in response to the advertisement, a fact which is borne out from the record, he never wrote in the application that he is a member of any notified Scheduled Tribe, but it assumes importance to note that the petitioner annexed with his application a certificate certifying that the petitioner belongs to a Backward Caste. It is not in dispute that in the year 1988, there were no reservations for Backward Castes in the Central Government. A question arises: Being neither belonging to a Scheduled Caste nor a Scheduled Tribe, and all the 11 posts being reserved, how come the petitioner managed an appointment. The answer is obvious. The system was manipulated to the benefit of the petitioner.