RAMAKANT Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri Jafar Naiyar, learned Senior Counsel assisted by Sri Prem Narayan Rai and Sri Himanshu Kumar, learned counsels for the petitioner and Sri Rohan Gupta, learned counsel assisted by Sri Shivam Shukla, learned counsels for the respondent.

(2.) Petitioner, by the instant writ petition is assailing the order dated 6 November 2017, passed by the second respondent, Chairman, Board of Governors, Indian Institute of Technology, Kanpur1, District Kanpur Nagar, affirming the order of dismissal dated 20 April 2017, passed by the third respondent, Director, IIT Kanpur, District Kanpur Nagar.

(3.) The facts giving rise to the instant petition is that petitioner applied for the post of bus conductor pursuant to Advertisement No. 24 of 1982, under the Scheduled Caste (SC) category on the strength of caste/social status certificate dated 14 July 1978, being member of 'Majhwar' community. The caste certificate was duly issued by the Tehsildar, Tehsil Kalpi, District Jalaun. Petitioner came to be appointed on the post of bus conductor on 28 May 1983, subsequently, was confirmed and made permanent on 30 March 1988, on the post of Bus Conductor Grade-II. On a complaint received by IIT Kanpur, alleging that petitioner obtained appointment on a forged caste certificate. Petitioner belongs to Other Backward Class (OBC), i.e. caste 'Kewat'. On the complaint, petitioner was subjected to notice dated 22 April 2014, calling upon him to show cause. Petitioner replied to the show cause notice denying the allegations levelled against him. The competent authority of the IIT Kanpur communicated with the District Magistrate, Jalaun, to enquire into the social status of the petitioner. No response was received, consequently, IIT Kanpur sought the intervention of the Ministry of Human Resources Development, Government of India. The Human Resources Department vide communication dated 11 March 2015, requested the Chief Secretary, Government of Uttar Pradesh, to direct the District Magistrate, Jalaun, to enquire into the matter. It appears, thereafter, the District Magistrate, Jalaun at Orai, vide communication dated 30 April 2015, informed IIT Kanpur that petitioner belongs to 'Kewat/Mallah/Nishad' community which is notified as OBC.