BADRUDDOJA Vs. UNION OF INDIA

JUDGEMENT

(1.) The facts are few and as would appear are admitted by and large by the respondents in their counter affidavit. The petitioner prior to his joining the respondent bank on 30-8-82 was employed with M/s. Barry Sons (India) Pvt. Ltd. where he resigned his job on 25-8-82. In pursuance of an advertisement issued by the respondent bank for filling the post from reserved quota of scheduled caste the petitioner had applied for the same and after taking written test appeared before the interview board of Banking Services Recruitment Board Delhi which took place during the year 1981-82. In his application for the post of clerk under Scheduled Caste Quota the petitioner mentioned his name and his father's name as also the religion to which he belonged and stated that he belongs to Hela caste applicable both to Hindus and Muslims and as such has to be declared as scheduled caste. According to the petitioner the members of the community of Hela caste do the work of sweeping and scavanging. He further asserts that in the society the Helas are considered as untouchables by the high-caste Muslims and Hindus, even though Islam does not recognize casteism. Along with the application, the petitioner had submitted a certificate issued by the Tehsildar Bansgaon, Gorakhpur, U.P. certifying that the petitioner belongs to Hela caste and as such was a scheduled caste. During scrutiny of the papers at the time of interview no objection appears to have been raised about the caste of the petitioner/applicant. On 14-8 -82 the applicant was informed by the Banking Services Recruitment Board Delhi that his name has been recommended, to the Canara Bank having its head office at Bangalore (respondent No. 3) for issuance of appointment letter subject to medical fitness and fulfilling the eligibility conditions as per advertisement and verification antecedents.

(2.) On 20th August 1982, the Canara Bank, Staff Selection, Delhi Circle, Hanuman Road, Parliament Street, New Delhi (respondent No. 4) informed the petitioner to join at Staff Training Centre, Agra on 30-8-82 for training. He was further informed that on completion of training he will be posted to any of the Delhi Branch 'Office and the same will be intimated to him shortly. The petitioner after completion of Induction Course from 30-8-82 to 11-9-82 was. given a completion certificate. At the time of joining service on 30-8-82 he was again asked to submit caste certificate in original which was duly complied with by him.

(3.) Thereafter, it appears with a view to verify the caste certificate of the petitioner the bank sent the caste certificate to the District Magistrate, Gorakhpur who in turn confirmed the genuineness of the certificate issued by the Tehsildar concerned. On 23-5-84, it seems, the bank again referred the matter to the District Magistrate Gorakhpur, U.P. for holding further enquiry into the caste of the petitioner in reply to which the District Magistrate informed the bank that even though the petitioner belongs to Hela community, he does not come under the Scheduled Caste Category for the reason of his being a Muslim. Thereafter, the respondents informed the petitioner on 11-4-85 that since as per the prevailing law, due to his being a member of Muslim community, he does not belong to Scheduled Caste category, his declaration of belonging to the Scheduled Caste category was found to be false as per the enquiry made by the District Magistrate. The petitioner in reply informed the respondents that at the time of applying for the job and in his subsequent declaration he has clearly and honestly stated the facts in respect of his caste and religion and, therefore, it was not correct to say that he made a false declaration. He further informed the respondents that at no stage had he concealed the fact that he belongs to Muslim community though he is from Hela caste. Ultimately, respondents 3 and 4 terminated the services of the petitioner by a memo dated 6-12-1985.