RAMESHWAR DADAJI SURYAWANSHI Vs. ZILLA PARISHAD NAGPUR

JUDGEMENT

(1.) THE petitioner-Rameshwar Dadaji Suryawanshi has filed this writ petition challenging the legality and validity of the orders passed by the second respondent namely Commissioner, Nagpur Division, Nagpur and the subsequent order passed by the respondent No. 1, Chief Executive Officer, Zilla Parishad, Nagpur. The respondent No. 2 Commissioner, Nagpur Division, Nagpur by his order cancelled the caste certificate issued by the Tahsildar, Hinganghat and the Chief Executive Officer, Zilla Parishad, Nagpur by his order dated 19-2-1987 terminated the services of the petitioner. In this petition the petitioner is seeking direction to quash and set aside these orders and further declaration that the petitioner is in continuous service as Headmaster of Zilla Parishad, High School.

(2.) IN this petition on 17-3-1987 Rule came to be issued and there was ad interim stay in terms of prayer Clause C of the petition whereby the effect, execution and operation of the impugned orders came to be stayed and further by order dated 9th April, 1987 that interim stay has been confirmed. So, inspite of there being termination of the services of the petitioner vide order dated 19-2-1987, the petitioners services are continued and he is working as Headmaster in the Zilla Parishad, High School.

(3.) WE propose to state certain facts of the case in order to appreciate and decide the controversy in this case as follows: the petitioner after obtaining B. Com. Degree so also professional qualification i. e. D. Ed. Degree was appointed as Assistant Teacher w. e. f. 1-7-1972 in Jawahar Vidyalaya at Makardhokda and he worked there upto 21-8-1980. The petitioners appointment was in open category though according to him he was belonging to Ghisadi Khati community which comes under the Nomadic Tribes. In the month of March 1979, petitioner noticed an advertisement by which the applications were invited by the first respondent for the post of Extension Officer (Education ). It is admitted that two posts were to be filled in and both the posts were reserved for candidates belonging to Scheduled Tribe and Nomadic Tribes. Admittedly the petitioner applied for the post as he was belonging to Nomadic Tribes. However, the caste certificate which petitioner had obtained somewhere in the year 1972 and which was issued by the Tahsildar Hinganghat described the petitioner as belonging to the community Ghisadi Blacksmith which is recognised as a Scheduled Tribe. The copy of the said caste certificate is at Annexure 1 to the petition. However, petitioner was not aware whether his caste i. e. Ghisadi Khati is Scheduled Tribe or Nomadic Tribe. The petitioner also obtained the recent caste certificate on 18-3-1986 issued by Sarpanch, Gram Panchayat Pohna, the copy of which is at Annexure 2. The petitioner was interviewed and the appointment order came to be issued on 16-8-1980 and as such petitioner was appointed on the post of Extension Officer (Education) on temporary basis initially for a period of six months. However, his services were continued from time to time and was regularised by the respondent No. 1 by condoning the breaks. By order dated 4-8-1983, his services were continued, copy of which is at Annexure 5 to the petition. Subsequently by order dated 27-1-1987 his appointment by way of nomination was regularised from the date of his first appointment i. e. 22-8-1980. This was the order dated 27-1-1984 which is at Annexure 6. Thereafter, the petitioner was promoted as Headmaster, Zilla Parishad, High School, Deoli by order dated 10-8-1984 and he was serving even on the date, when the order of termination of services came to be passed by the Chief Executive Officer, Zilla Parishad, dated 11-4-1986. While the petitioner was working as Headmaster in Zilla Parishad High School, there was one complaint against him filed before the Revenue Commissioner, Nagpur Division, Nagpur alleging that the petitioner has given a false certificate. In view of this, a notice was issued to the petitioner and he was informed to appear on 21-7-1986. The petitioner appeared on 26-8-1986 before the Commissioner on which date his statement was recorded, the true copy of which is annexed herewith as Annexure : 11. The petitioner was represented by his Advocate who filed on 20-10-1986 a written note of arguments. After taking into consideration the material on record and it appears that mostly relying on the statement of the petitioner himself, the second respondent came to the conclusion that the certificate obtained by the petitioner was not true and the petitioner was belonging to the caste "khati" and as such he was not belonging to either of the tribes, so he sent a communication to the petitioner about his finding and also informed the Chief Executive Officer, Zilla Parishad, informing the office that the petitioner has obtained false certificate for securing that job, though he was aware that the job was reserved for the category of Scheduled Tribe and Nomadic Tribe, but his caste certificate found false being issued by the Tahsildar without making any inquiry. The petitioner was not entitled to continue to hold the post which he has secured on the basis of the caste certificate issue by the Tahsildar. Therefore, the Chief Executive Officer, Zilla Parishad, Nagpur issued a letter dated 11-11-1986 whereunder the services of the petitioner came to be terminated, that is how, the petitioner has come to this Court challenging the order of termination.