Dr. Maniram Kaushik vs State Of Chhattisgarh

Proceedings of these matters have been taken-up through video conferencing.

Since common question of law and fact is involved in both the writ petitions, they have been clubbed together and heard together and are being

disposed of by this common order.

The petitioner in W.P.(S)No.4639/2012 calls in question the selection of respondent No.4 / petitioner in W.P.(S)No.4120/2012 on the post of

Assistant Professor (Sanskrit), selected on 17-7-2012, principally on the ground that post of Assistant Professor was reserved for Other Backward

Classes (OBC) in the State of Chhattisgarh, whereas respondent No.4 (Hansraj Rahangdale) does not belong to OBC, he is basically from the State

of Madhya Pradesh and therefore he was not entitled to be selected on the said post and if his selection is quashed, the petitioner will be entitled to be

selected on the said post

The petitioner in W.P.(S)No.4120/2013 has filed this writ petition calling in question legality, validity and correctness of notice dated 22-11-2013

issued by the Principal, Government Kakatiya Post Graduate College, Jagdalpur by which the said authority has asked the petitioner to submit caste

certificate duly verified from the High Level Caste Scrutiny Committee, otherwise, his services will be terminated. The petitioner has also in his writ

petition sought relief that respondent No.3 be directed to issue verification of caste certificate to the petitioner expeditiously and meanwhile, till

verification is done, respondent No.2 be directed to allow the petitioner provisionally to work as Assistant Professor (Sanskrit), till the issuance of

verified caste certificate.

Mr. Harshmander Rastogi, learned counsel appearing for the petitioner in W.P.(S)No.4639/2012, would submit that the respondent No.4 herein

does not belong to OBC in Chhattisgarh and therefore he is not entitled to be selected on the post of Assistant Professor (Sanskrit) reserved for OBC

in the State of Chhattisgarh and as such, his selection on the post of Assistant Professor (Sanskrit) deserves to be quashed.

On the other hand, Mrs. Kiran Jain, learned counsel appearing for respondent No.4 in W.P.(S)No.4639/2012, would submit that after selection,

respondent No.4 had already been been appointed on the post of Assistant Professor (Sanskrit) and is working on the said post for fairly long time and

he had already completed the probation period.

Mr. Sachin Singh Rajput, learned counsel appearing for the petitioner in W.P.(S)No.4120/2013, would submit that the petitioner had already

completed the period of probation and submitted all documents, but the High Level Caste Scrutiny Committee has not verified the same, as such, the

petitioner is duly selected and appointed candidate for the post of Assistant Professor (Sanskrit). He would further submit that by notification dated

29-6-2013, the requirement of verification has been dispensed with and therefore the Principal is not entitled to ask for said verification.

Mr. Sunil Otwani, learned Additional Advocate General appearing for the State, in both the writ petitions, would submit that the competent authority

has rightly asked for verified caste certificate of the petitioner said to be in para 5 of the appointment order issued in his favour and therefore in the

light of the decision of the Supreme Court in the matter of Vijakumar v. State of Maharashtra and others (2010) 14 SCC 489, the Principal of the

College is justified in asking for said certificate which has rightly been called for and as such it cannot be held that in W.P.(S) No.4120/2013, the State

authorities are unjustified in calling for verified caste certificate as Hansraj Rahangdale was appointed under OBC category on the post of Assistant

Professor (Sanskrit).

Mr. Anuroop Panda, learned counsel appearing for respondents No.2 & 3 / PSC in W.P.(S)No.4639/2012, would submit that as per the recruitment

process, respondent No.4 was selected on the post of Assistant Professor (Sanskrit).

I have heard learned counsel for the parties and considered their rival submissions made herein-above and also went through the record with

utmost circumspection.

In accordance with the advertisement issued by the Public Service Commission, Hansraj Rahangdale (respondent No.4 in W.P.(S) No.4639/2012 /

petitioner in W.P.(S)No.4120/2013) was selected in the select list dated 17-7-2012 on the post of Assistant Professor (Sanskrit) against OBC category

and by order of the State Government (respondent No.1) dated 12-11-2012, he was appointed provisionally on probation for a period of two years.

Paragraph 5 of the appointment order annexed as Annexure P-3 in W.P.(S) No.4120/2013 states as under: -

A careful perusal of the aforesaid clause would show that petitioner in W.P.(S)No.4120/2013 Hansraj Rahangdale having been appointed against

reserved category (OBC) was required to submit his verified caste certificate within two months from the date of appointment and if he fails to get

the caste certificate verified by the High Power Caste Scrutiny Committee or his caste certificate is found to be forged or false, his services can be

terminated. It appears from the notice dated 22-11-2013 (Annexure P-1) that pursuant to the appointment order, he joined the services on 11-12-2012

and sought time for producing the verified caste certificate and two months further time was granted which expired on 10-2-2013 and again reminder

was issued on 28-2-2013, but no verified caste certificate of the Caste Scrutiny Committee was submitted and finally, on 22-11-2013 notice has been

issued to submit verified caste certificate which is sought to be challenged by him in W.P.(S)No.4120/2013.

In the considered opinion of this Court, the notice dated 22-11-2013 is in accordance with paragraph 5 of the order of appointment dated 12-11-

2012. Sufficient time was granted to petitioner Hansraj Rahangdale to submit verified caste certificate, as he has accepted the terms and conditions of

his appointment order and joined without demur or protest qua paragraph 5 of the appointment order which clearly stipulates the condition of

submitting verified caste certificate within two months from the date of appointment, however, that period has been extended and further two

months’ time has been granted to produce the verified caste certificate and when the verified caste certificate could not be produced and his caste

could not be got verified, then notice has been issued to him to submit his verified caste certificate giving one month’s time to file the same. It is

the case of the petitioner (Hansraj Rahangdale) that he has submitted all documents, but it has not been got verified.

Since the writ petition filed by the petitioner (Hansraj Rahangdale) is pending a period of more than seven years and in the meanwhile, the

petitioner continued on the said post it would be appropriate that the appointing authority or any other competent authority would refer the matter of

the petitioner i.e. verification of caste certificate to the State level appropriate High Power Caste Scrutiny Committee in terms of paragraph 5 of the

appointment order and the said Committee will complete the verification process within 60 days from the date of reference after hearing the parties

and submit its report to the appointing authority and the appointing authority, in turn, will take decision expeditiously on the said report and thereafter

would proceed in accordance with law. On that basis, further decision with regard to claim of the petitioner (Dr. Maniram Kaushik) in W.P.

(S)No.4639/2012 would be taken. It is ordered accordingly. The petitioners may submit their respective claim in support of caste certificate before the

Committee within three weeks from today.

It is made clear that this Court has not expressed any opinion on the merits of the matter and it is the High Power Caste Scrutiny Committee that

has to take decision on the basis of documents and material brought on record before it.

With the aforesaid observation and direction, the writ petitions stand finally disposed of. No order as to cost(s).