Arshad Jamil vs State Of Uttarkhand & Ors

7. The Uttrakhand Public Service Commission issued an advertisement in the year 2002 inviting applications for recruitment to the post of Civil Judge [Junior Division]. In the said advertisement, it was clearly mentioned that only residents of the State of Uttrakhand would be entitled to the benefit of reservation under the category of Other Backward Classes. The said advertisement also carried a proforma of the caste certificate to be submitted alongwith the application, wherein it required a certification as to "ordinarily resident" of the applicant. The appellant, herein, obtained a caste certificate, which was issued by the Thesildar, Roorkee to the effect the appellant is a resident of Roorkee and belongs to "Momin Ansari Caste". The said certificate was dated 29.06.2002.

8. A Memorandum was issued by the Government of Uttrakhand prescribing the format of the caste certificate which an applicant was required to submit in case he was seeking an appointment in the reserved category i.e. SC/ST/OBC. The appellant herein submitted Page 3 of 25 his application offering his candidature for the post enclosing a caste certificate issued by the Tehsildar, Roorkee dated 29.06.02 and appeared in the written examination held for the purpose of recruitment to the aforesaid post of Civil Judge [Junior Division], and after being successful in the examination he was called for an interview on 26.7.2003 under letter dated 26.06.2003. The appellant was found successful and was selected for the post of Civil Judge [Junior Division], against a reserved category post meant for other backward classes, by an appointment order dated 18.9.2003.

9. The appellant was appointed as Civil Judge [Junior Division] on probation for a period of two years. The aforesaid appointment letter was issued, subject to the condition that the character, verification and report of the health examination of the concerned candidate should be satisfactory for judicial service. After he submitted his joining report, the appellant was posted as Civil Judge [Junior Division] at Purola, Utarkashi, Uttrakhand and assumed charge on 22.9.2003.

10.The District Magistrate, Haridwar received a letter issued by the Secretary, Public Service Commission, Uttaranchal, Haridwar informing him that a complaint had been received by the Page 4 of 25 Commission against the appellant herein, wherein it was complained that Arshad Jamil is a permanent resident of House No. 156, Janshath House, Ansari Road, District - Muzaffarnagar, and that his name appeared at Sl No. 862 of part No. 141 of Electoral List of constituency No. 408 of Muzaffarnagar Legislative Assembly and that he is a Member of the Muzaffarnagar Bar Association. By the aforesaid letter sent on 15.09.2003, the District Magistrate was requested to inform the Commission on priority basis about the validity of the caste certificate of OBC issued to the appellant on 29.06.2002 so that the Commission could take a decision on the aforesaid complaint.

12.A letter was sent by the District Magistrate dated 9.1.2004 to the Principal Secretary, Social Welfare Department, Uttaranchal Government, stating that the jurisdiction to cancel the caste certificate lies with the State Government and not with him. A show cause notice was issued to the appellant by the Chief Secretary, Government of Uttaranchal. Under his letter dated 13.5.2004, it was alleged that one Shri Abdul Kareem had submitted a complaint by his letter dated 12.1.2004 alleging that the appellant had succeeded in getting appointed in the Uttaranchal State Judicial Service on the basis of a fake caste and residence certificate, at the address of Sheikhpuri, Roorkee in collusion with the Tehsildar of Roorkee. In the said letter, it was also mentioned that an inquiry was made by the District Magistrate, Haridwar, who had informed the State Government that the appellant was a permanent resident of District Page 6 of 25 Muzaffarnagar, Uttar Pradesh but he had produced a certificate of Other Backward Classes showing himself to be a permanent resident of Uttaranchal and therefore, was not entitled to get the benefit of OBC Caste in Uttarakhand, as he is a permanent resident of Uttar Pradesh. He was, therefore, asked to show cause as to why his appointment in the judicial service should not be cancelled for the aforesaid reason.

14.Considering the aforesaid facts, it was held that the defense taken in the replies by the appellant was baseless and that since he was neither a permanent resident of the State of Uttaranchal nor belonged to Other Backward Classes of State of Uttarakhand, his appointment to the post of Civil Judge [Junior Division] was terminated as per order dated 18.12.2004.

15.Another order came to be issued on 2.3.2005, whereby the Tehsildar Roorkee, who was the competent authority, cancelled the caste certificate issued to the appellant on 29.6.2002 on the ground that after a detailed inquiry it was revealed that the appellant had obtained the caste certificate by showing himself a resident of Roorkee in a mischievous manner, while he was actually a permanent resident of Muzaffarnagar, and thereby he has misused the said caste certificate.

18.Despite the aforesaid letter, he did not appear and therefore, a notice was pasted at the address intimating him to be present to examine and peruse the relevant documents. As the appellant did not appear Page 9 of 25 to examine the said documents, the Tehsildar, Roorkee proceeded to pass an order dated 1.9.2005. In the said order, the Tehsildar held that after going through the documents relied upon by the objector and other records available, it is revealed that the objector Arshad Jamil was originally a resident of Mohalla Khalapar, Muzaffarnagar, which is established by the fact that his name is mentioned as against House No. 225 of Serial No. 147 of Part No. 42 of 408 Muzaffarnagar Vidhan Sabha Kshetra Electoral Roll, 1995. From the Electoral Rolls of 2003, it was also found that a photo identity card of Arshad Jamil was prepared by the Election Commission of India for Electoral Roll of Muzaffarnagar Vidhan Sabha, wherein his name appeared until it was deleted in 2007 on the basis of information supplied by his father on 27.08.06. His father informed them that his son was now staying at Roorkee.

Subsequently, however, the same was cancelled by an order dated Page 16 of 25 02.03.2005 whereby the Tehsildar, Roorkee, who is the competent authority, cancelled the caste certificate issued to the appellant on 29.6.2002, on the ground that after a detailed inquiry it was revealed that the appellant had obtained the caste certificate by showing himself to be a resident of Roorkee in a mischievous manner, while he was actually a permanent resident of Muzaffarnagar and has thereby, misused the said caste certificate. A copy of the said order is on record. The said order indicates that District Magistrate had advised cancelling the certificate. The said order also indicates that the same was cancelled without giving any opportunity to the appellant. Therefore, a writ petition was filed by the appellant challenging the legality and the validity of the order dated 02.03.2005. The said writ petition was allowed by the Uttarakhand High Court by its order dated 06.05.2005, whereby the High Court quashed the said order on the ground of violation of principles of natural justice, with liberty to the Tehsildar to issue a notice to the appellant and to give reasonable opportunity to file his objections against the proposal to cancel the caste certificate. In view of the aforesaid order passed by the High Court, the State Government became empowered to pass a fresh order in the matter of cancellation of caste certificate, after giving notice to the appellant to show cause Page 17 of 25 as to why it should not be cancelled. There is no dispute with regard to the fact that subsequent thereto the appellant has been given such an opportunity and he had filed replies thereto. The Tehsildar thereafter passed a reasoned order by referring to the various documents filed by the parties and giving reasons for his decisions by relying upon the documents which are on record.

21.The writ petition No. 408 of 2006 was taken up for final hearing by the High Court and by Judgment and Order dated 13.8.2008 the writ petition was dismissed holding that the appellant cannot get the benefit of being OBC status in the State of Uttrakhand as he is a permanent resident of Muzaffarnagar, UP and also that he obtained a false certificate of being resident of Roorkee, District Haridwar, Uttrakhand.

Consequently, the question with regard to the claim for payment of arrear of wages shall have to be considered.

34.In view of such authentic and sufficient documentary evidence on record to reject the claim of the appellant that he was an ordinarily resident of Roorkee, the findings recorded by the Tehsildar, Roorkee Page 21 of 25 in his order dated 02.03.2005 and also those recorded by the High Court cannot be sought to be in any manner arbitrary, illegal or irrational.

38.Consequently, we find no infirmity in the judgment and order dated 13.08.2008, in writ petition no. 408 of 2006 passed by the High Court, upholding the order of the Tehsildar canceling the caste certificate of the appellant. The appeal filed by the appellant against the order dated 13.8.2008 of the High Court fails.

39.Consequently, the appeal filed by the State of Uttarakhand against the order dated 23.12.2005, passed by the High Court, setting aside the order of termination of the appellant in writ petition no. 413 of 2004 stands allowed in terms of this order.

40.In view of the aforesaid position, the appeal filed by the appellant against the order dated 23.12.2005, passed by the High Court in writ petition no. 413 of 2004, claiming payment of back wages is rendered infructuous, which is also dismissed in terms of this order.

............................................J [Dr. Mukundakam Sharma] ............................................J [Anil R. Dave] New Delhi, September 7, 2011.