DHARAM DAS HEDAU Vs. STATE OF M P

JUDGEMENT

(1.) Claiming himself to be belonging to Halba Scheduled Caste, petitioner got employed as Assistant Teacher on 23-10-1986 in School Education Department, State of Madhya Pradesh on the strength of Certificate, dated 8-8-1978 issued by Tehsildar, Saunser.

(2.) In the year 1997, on the basis of complaints that the petitioner does not belong to Halba Scheduled Tribe, but is Koshii, had obtained the employment against a post reserved for Scheduled Tribe, a Departmental Enquiry was instituted on 1-8-1997, which the petitioner challenged before M. P. State Administrative Tribunal, Jabalpur, vide, O.A. No. 1753/1998. The said case was transferred to this Court after the closure of State Administrative Tribunal and reregistered as W. P. No. 12759/2003. The said writ petition was disposed of on 13-7-2004, in the following terms :-

(3.) In Kashi Das Limje vs. State of M. P. and others, W. P. No. 6216/2001, decided on 1-4-2002, the issue was whether an action can be taken against an appointment on the basis of a caste certificate without taking recourse to the stipulations contained in the decision by Supreme Court in State of Maharashtra vs. Milind, 2001 1 SCC 4. The petition by Kashi Das Limje was disposed of with a direction that the same be decided on the basis of principle of law laid down in Milind .