AMIT KEWAT Vs. STATE OF M.P.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been preferred being aggrieved by the order dtd. 27/9/2019 (received by the petitioner on 4/10/2019) by which the caste certificate of the petitioner has been declared to be illegal and consequent thereupon, the services of the petitioner have been terminated. The aforesaid order is challenged on the ground that it is without jurisdiction as the order with regard to any caste certificate, whether legal or illegal, can only be passed by a State Level Caste Scrutiny Committee as per the law laid down by the Hon'ble Supreme Court in the case of Madhuri Patil Vs. Additional Commissioner, Tribal Development AIR 1995 SC 94.

(2.) Shorn of unnecessary details, the facts which are necessary for adjudication of the present matter are as under:-

(3.) Vide letter dtd. 1/5/2019, a reply was forwarded by the petitioner. In the reply, it was stated that he was duly selected in the exam conducted by the Public Service Commission as Aurved Medical Officer in the year, 2016 and at the time of verification of the documents, the documents with regard to the caste certificate was also found to be genuine and only on that basis, he was given appointment. It was further stated that the caste certificate was issued by the Sub-Divisional Officer, Lashkar, Gwalior vide case no.2671/2001-02/B-121 dtd. 10/4/2002 after following due process and there is some mistake in getting his caste certificate verified and only on the basis that since there is no entry of the caste certificate issued to the petitioner in the register of the SubDivisional Officer in the office of the Collector, it has held to be a forged document.