PREETI BAGDE Vs. STATE OF M P

JUDGEMENT

(1.) Matter pertains to selection/appointment of Assistant Professor(History) undertaken by the Higher Education Department. The M.P. Public Service Commission conducted the selection process for various posts in the Higher Education Department, and it is the grievance of the petitioner that respondent No. 3 has been selected for appointment as Assistant Professor (History). It is stated that the respondent No. 3 has been appointed on a post reserved for a scheduled caste category person from the State of M.P. Emphasizing that respondent No. 3 is a scheduled caste person belonging from the State of Maharashtra is not entitled to seek benefit of being Scheduled caste person in the State of M.P. This writ petition has been filed challenging the selection /appointment of respondent No. 3 on a post reserved for a particular category of person belonging to the Stale of M.P.

(2.) The respondents on being noticed have filed reply and from the reply filed by the respondent No. 2 M.P. Public Service Commission, it is clear that respondent No. 3 has been appointed on the basis of caste certificate issued by the competent authority in the State of M.P. . According to the respondent No. 2, once the competent authority in the State of M.P. has issued caste certificate to respondent No. 3, the respondent No. 3 is entitled for selection/appointment on the basis of her merit and respondent No. 2 cannot refuse appointment to the respondent No. 3 so long as the certificate issued by the competent authority in the State of M.P. is valid and admissible for such selection/appointment in the State of M.P..

(3.) Having heard the learned counsel for the parties. 1 am afraid that the relief prayed for in this writ petition cannot be granted, the caste certificate issued by the competent authority in the State of M.P. to the respondent No. 3 is vald as on date and if the petitioner feels that the caste certificate has been issued incorrectly, the petitioner should raise the objection or challenge the caste certificate by approaching the competent authority of the department concerned or the committee if any functioning as per directions issued by the Hon'ble Supreme Court in the matter of issuance of caste certificate or deciding disputes with regard to social status of a person. As the said dispute can be decided only after a fact finding inquiry is conducted and such an inquiry cannot be undertaken in a petition under Article 226 of the Constitution of India. But can be more appropriately dealt with by the appropriate High Level Committee constituted as per direction of the Supreme Court in the case of Additional Director, State of Maharashtra Vs. Madhuri Patil as the competent statutory authority empowered to issue caste certificate. However, if the petitioner has any grievance the petitioner should approach the said authority and it would be for this authority to consider and decide the grievance of the petitioner. Granting aforesaid liberty to the petitioner and expecting the competent authority to take decision in the matter at earlier date, this writ petition stands disposed of for the present.