STATE OF M.P. Vs. KALPANA KARATKAR

JUDGEMENT

(1.) In this intra-Court appeal preferred by the appellants-State under section 2(1) of the M.P. Uchcha Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 the challenge is to the legal propriety and defensibility of the order dated 29.1.2009 passed by the learned Single Judge in Writ Petition (S) No.8410/2004 [reported in 2010(1) JLJ 14).

(2.) The respondent herein had preferred a writ petition before the learned Single Judge challenging the order dated 24.12.1998, Annexure P-5, issued by the Director, Adim Jaati Anusandhan Sansthan, Bhopal whereby her services were terminated in pursuance of the findings recorded by the Higher Power Committee vide Annexure P-9 dated 12.3.2003 relating to her caste certificate. She had obtained a caste certificate, Annexure P-1 dated 22.9.1993 from the Tahsildar concerned declaring her to be a person belonging to 'Dhobi' community, a scheduled caste person, on the foundation that she was staying in Bhopal after her forefathers had migrated in the year 1949 and therefore, she is a person belonging to caste 'Dhobi' by birth, which is notified as Scheduled Caste in the District of Bhopal under Appendix I Part IX to the Scheduled Castes and Scheduled Tribes Order, 1976 at serial No. 22 in the District Bhopal, Raisen and Sehore On basis of the aforesaid caste certificate and reservation policy the respondent herein sought appointment on the post of Stenographer/Typist in Adim Jati Anusandhan Sansthan, Bhopal and she was appointed vide order dated 20.12.1995, Annexure P-2.

(3.) As per the appellants during the scrutiny of her caste certificate by the office of the Sub-Divisional Officer, Tahsil Huzur, District Bhopal it was noticed that she does not belong to the scheduled caste community of 'Dhobi' and therefore, intimation was sent for cancellation of caste certificate of the petitioner and inevitably her appointment was also directed to be cancelled.