SHANKERLAL RAIKWAR Vs. STATE OF M P

JUDGEMENT

(1.) THE question involved in the writ petition is whether Raikwar is sub-caste of Manjhi and whether it is open to include Raikwar within the Manjhi caste in the absence of same being specified in the presidential order as one of the Scheduled Tribes.

(2.) THE petitioner was appointed as Lower Division Clerk on 25-5-1990 in M. P. Antyavasayi Co-operative Development Corporation Ltd. It is significant that the petitioner was appointed on 25-5-1990 and after about one month, he sought mention of Raikwar caste instead of Manjhi against his name. Suspicion arose about the caste of the petitioner. The matter was enquired into and it was found that the certificate produced by the petitioner at Manjhi caste was not correct. The respondents also found that fraud was committed while securing the appointment. After enquiry, show-cause notice was issued to the petitioner on 16-10-1996 to show cause why his services should not be dispensed with and why he should not be prosecuted under the provisions of Indian Penal Code. Reply was filed by the petitioner. Petitioner admitted the fact that he applied for substitution of his caste. Since, he used to write Raikwar as surname, in the mark-sheet of llth issued by the Board of Secondary Education, his surname was mentioned as Raikwar. He obtained the certificate of caste in the year 1988-89. On enquiry being conducted by the respondents, it was found that the petitioner was student of Primary School run by Municipal Corporation, Jabalpur and in transfer certificate issued by the said school caste of the petitioner was shown as "dheemer". In the admission register of Mahakaushal Higher Secondary School his caste was recorded as Dheemer. The petitioner expressed his ignorance how his caste came to be recorded in the Primary School and Higher Secondary School as Dheemer. Petitioner contends that he is actually Manjhi and was writing Raikwar right from the beginning and Raikwar has to be included in the sub-caste of Manjhi. He has also placed on record certificates/documents and decision of this Court in W. P. No. 830/1999 (The State of M. P. and another V. Rajesh Raikwar) (Annexure P-10), in which Rajesh Raikwar was claiming himself to be included in Manjhi community being its sub-caste. The Government was looking into the matter whether sub-caste of Raikwar can be included in Manjhi. Hence, the writ petition filed by the State was dismissed. Thus, the petitioner submits that his removal as per the order Annexure P-2 dated 5-11-1996 is illegal and arbitrary.

(3.) THE case of the respondent No. 2 in the return is that the Assistant Commissioner, Tribal Development has clarified this position that the Raikwar cannot be treated as synonymous of Manjhi nor it is a sub-caste. The certificate filed by the petitioner is illegal. The respondent No. 2 also relics upon the transfer certificate of Primary School - Annexure R-9 and transfer certificate-Annexure R-10, in which caste of the petitioner was mentioned as Dheemer. Various documents pertaining to the detailed enquiry conducted into the caste and correctness of the certificates have also been placed on record. In receipt of the application from the petitioner on 30-7-1990 for change of his caste, a letter was written by the respondent No. 2 to the Collector, Jabalpur on 8-9-1990, but, the Collector did not attend to the letter. Thereafter again reminder was sent on 31-5-1991. Subsequently, the Assistant Commissioner, Tribal Development, Jabalpur issued a letter to the petitioner requiring him to produce caste certificate and the relevant documents on 4-11-93. Notice dated 4-11-1993 issued to the petitioner is Annexure R-3. Respondent No. 2 also issued a notice to the petitioner on 22-12-1993 to produce the original caste certificate, as well as District Antyavasayi Co-operative Development Society Ltd. also wrote letter to the petitioner on 21-8-1994 for verification of the caste certificate. The petitioner neither appeared before the officer of respondents authorities nor submitted any documents various letters were issued to the petitioner on 20-6-1994, 5-7-1994 and 13-8-1994 Annexure R-6 to Annexure R-8. In spite of receipt of notice, the petitioner did not submit his caste certificate nor appeared before the authority and then the enquiry was made from the Principal, Mahakaushal Higher Secondary School from where the petitioner passed Higher Secondary School examination and documents; certificate and transfer certificate - Annexure R-9 and Annexure R-10 were obtained. The Assistant Commissioner, Tribal Development, Jabalpur opined that the petitioner submitted a false certificate for getting appointment in Scheduled Tribe quota. A departmental enquiry was initiated against the petitioner vide order dated 27-6-1996. ^report of the Collector was also obtained on 18-10-1996 in which the Collector found that the petitioner does not belong to Manjhi caste and certificate issued by the Executive Magistrate (Tehsildar), Jabalpur was cancelled. Show-cause notice was served on 16-10-1996. Reply was filed. Thereafter penalty vide order dated 5-11-1996 Annexure P-2 = Annexure R-16 was imposed.