NEW INDIA ASSURANCE CO. Vs. RITA K. SINGH

JUDGEMENT

(1.) The present appeal under Clause X of the Letter Patent has been filed for setting aside the judgment and order passed by the learned Single Judge on 4.4.2012 whereby the order of dismissal dated 18.12.2009 passed by the appellant--New India Assurance Company was set aside. The writ petitioner married Kuldip Singh, a person belonging to Scheduled Caste,, in the year 1984. On account of marriage with Kuldip Singh, the writ petitioner was issued Scheduled Caste Certificate by the Sub-Divisional Magistrate, Chandigarh on 30.9.1986.

(2.) The present appellant advertised the post of Assistant in the year 1987. The writ petitioner was appointed as a reserved category candidate against the said post of Assistant so advertised. Subsequently, the writ petitioner was charge-sheeted on 25.11.2004 inter-alia for the reason that the petitioner has failed to produce a Scheduled Caste Certificate from her parental side and, thus, she is not a Scheduled Caste entitled to be appointed against the reserved post. On the basis of enquiry conducted in pursuance of the said charge-sheet, the order of dismissal was passed on 18.12.2009. The Caste Certificate issued to the writ petitioner has been withdrawn vide order dated 30.7.2009 after the initiation of departmental proceedings.

(3.) It was the said order of dismissal which was challenged by the writ petitioner before this Court. The learned Single Judge has set aside the same for the reason that the writ petitioner was appointed against the reserved post keeping in view the law as then prevailing which permitted issuance of a Scheduled Caste Certificate to a wife on account of her marriage with a Scheduled Caste candidate. Recent judgment of Hon'ble the Supreme Court in Dattu son of Namdev Thakur v. State of Maharashtra & Ors., 2012 1 SCC 549, was referred to wherein a candidate was admitted on the basis of Caste Certificate in an educational institution but such admission was not cancelled on the basis of cancellation of Caste Certificate.