SATTAR KHAN Vs. ZILA PARISHAD DAUSHA

JUDGEMENT

(1.) By way of filing this petition, a challenge has been made to the impugned order dtd. 20/1/2009 by which the contractual employment of the petitioner, under the Scheme of NREGA, on the post of Employment Assistant has been discontinued, on the ground that he belongs to 'Teli' Caste in Muslim Community, which does not fall within the purview of Other Backward Class (for short, "the OBC category").

(2.) Learned counsel for the petitioner submits that pursuant to the advertisement (Annex-1) issued by the respondents, the petitioner was engaged on contractual basis on the post of Employment Assistant under NREGA Scheme, under the Reserved Category for OBC candidates. Counsel submits that the petitioner is a Muslim-Teli who falls within the category of OBC and the OBC Certificate in this regard was also issued to him by the competent Authority, i.e., Tehsildar Mahua, District Dausa and on the basis of the same, employment was offered to the petitioner. Counsel submits that as per the gazette notification of the Government of Rajasthan, Teli Caste falls within the OBC Category and as per the circular dtd. 8/11/1994, a person who is from Teli caste, whether belonging to Hindu Community or Non-Hindu Community falls within the category of Other Backward Classes (OBC). Counsel submits that under these circumstances, interference of this Court is warranted.

(3.) Per contra, learned counsel for the State-respondents opposed the arguments raised by counsel for the petitioner and submitted that the petitioner being a Muslim-Teli does not fall within the category of OBC and that is why, he is not entitled to get the benefits of OBC Category and accordingly, a decision was taken by the Authorities to discontinue the engagement of the petitioner on contractual basis. Counsel submits that recently a list of the castes has been released by the Ministry of Minority Affairs, Government of India wherein Muslim-Teli has not been kept under the OBC Category, hence, under these circumstances, the petitioner cannot claim himself as a person/ candidate belonging to OBC Category and the respondents have not committed any error in passing the order impugned, which requires any interference of this Court.