LAWS(BOM)-2020-9-184

VAIBHAV ULHAS NAIK Vs. CASTE SCRUTINY COMMITTEE, DIRECTORATE OF SOCIAL WELFARE, GOVERNMENT OF GOA, PANAJI-GOA

Decided On September 07, 2020
Vaibhav Ulhas Naik Appellant
V/S
Caste Scrutiny Committee, Directorate Of Social Welfare, Government Of Goa, Panaji-Goa Respondents

JUDGEMENT

(1.) Heard Mr. Gaurang Panadiker, the learned Counsel for the Petitioner and Mr. Sagar Dhargalkar, learned Additional Government Advocate for the Respondents No.1 and 2 and Ms. Akshata Bhat, learned Counsel for the Respondent No.3.

(2.) The challenge in this petition is to the impugned order dated 22.12.2017 made by the Caste Scrutiny Committee invalidating the Caste Certificate dated 25.06.2015 issued by the Deputy Collector and SDO of Canacona in favour of the petitioner. In pursuance of an advertisement dated 12.06.2015, the Petitioner, who claimed to belong to the OBC community, had applied for selection to the post of Junior Scale Officer, Goa Civil Service. The Petitioner was, in fact, duly selected and appointed on probation to the post of Junior Scale Officer of the Goa Civil Service on 27.01.2016.

(3.) The Respondent No.3 filed a complaint claiming that Caste Certificate issued to the Petitioner was a result of fraud because the Petitioner was ordinarily a resident of Margao and therefore, the Deputy Collector at Canacona had no jurisdiction to issue the same and further the Petitioner, had made patently incorrect statement regards the income of his family in the affidavit filed by the Petitioner before the Deputy Collector, on the basis of which the Caste Certificate came to be issued by the Deputy Collector.