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Judgment
Dr. A.K. Dubey Member (A)
The applicant has filed this OA under Section 19 of AT Act 1985 seeking following reliefs:
"A. Admit/Allow the present application.
B. Quash and set aside the communication dated 18.2.2021 (annexure -A1) and 15.4.2021) (Annexure-A/2).
C. Direct the respondents to appoint the present applicant to the post of Assistant Loco-Pilot which was advertised vide advertisement bearing No.CEN/01/2018 (assistant Loco-Pilot & Technician). D. The respondent authorities be directed that the caste certificate submitted to the respondents dated 20.3.2010 (Hindu Senva), dated 18.2.2013 (Hindu Senma), dated 5.8.2019 (Hindu Rawat), dated 19.8.2019 (Hindu Senva-Senma) and dated 29.1.2021 (Hindu Senma) which display different names for 'Hindu Senma caste to be considered as different dialect/identification for the same caste i.e. 'Hindu Senma'.
E. The respondent authorities be directed that the applicant be considered eligible to be appointed on the SC Category by considering either Hindu Senva or Hindu Senma as valid caste for the purpose of giving appointment.
F. Grant such further and other relief/s as may be deemed fit and proper in the peculiar facts & circumstances of the present case."
The applicant has also prayed for interim relief as under:-
"(i) Direct the respondent to give provisional appointment to the post of the Assistant Loco-Pilot on the basis of the Office Memorandum dated 8.10.2015 bearing No.36011/1/2012-Estt (Res.) annexed hereinabove as (Annexure A/12).
(ii) Direct the respondents to keep one post vacany in the category of Assistant Loco-Pilot advertised vide vide advertisement bearing No.CEN/01/2018 (Assistant Loco-Pilot & Technician).
(iii) The respondents be directed that pending the present application the applicant be allowed to join as Assistant Loco-Pilot by considering his claim of belonging to SC Category in sub-caste 'Hindu Senma' as valid."
3 The present application has been filed by the applicant challenging the decision of RRB rejecting his request vide communication/letter dated 28.02.2021 (Annexure A/1) and letter dated 16.04.2021 (Annexure A/2), for his appointment to the post of Assistant Loco Pilot & Tech in response to the recruitment process conducted by the RRB as per Centralised Employment Notification No.01/2018 (Annexure A/3).
4 In response to the notification at Annexure A/3, the applicant applied for the post of Assistant Loco Pilot & Tech. (referred as ALP & Tech.) under SC Quota, he successfully cleared the three tests namely, Computer based Test 1, Computer based Test-2 and Psycho Test. Thereafter, he was called for the verification of the documents for which he reported on 1.7.2019. The applicant says that he was informed orally by the official concerned that in the online application form submitted by him in response to the advertisement, he had mentioned his community as 'Ravat Senma' but the caste certificate dated 20.03.2010 issued by the Mamlatdar and Executive Magistrate, Ahmedabad stated his caste 'Hindu Senva' (Annexure-A/4). As advised by the official present for verification, he gave an affidavit dated 01.07.2019 to the effect that he belonged to Scheduled Caste & his true and correct sub caste is 'Hindu Senma' whereas in English caste certificate dated 20.03.2010 (Annexure A/5) issued by the Mamlatdar and Executive Magistrate showed the caste as 'Hindu Senva' and further he declared that both sub caste "Hindu Senma" and "Hindu Senva" are same and belonged to the same person that is the applicant herein.(Annexure-A/5).
5 In support of the aforesaid affidavit the applicant also placed reliance on the Ordinance No.CAR/1090/M.59/5148/H dated 16.04.1998 (Annexure A/6) issued by Gujarat State, Social Welfare Department, Gujarat, wherein it was declared that "on the basis of the report of Director (Niyamak shree), Social Welfare Department and the Book "Gujarat Ni Ati Pachhat Anusuchit Jationo consist Sanxipt parichaya - A Glimpse of Gujarat Extreme Scheduled Castes " by Tribal Research and Employment Centre, Gujarat Vidhyapith which consist the name of "Senma" as Scheduled Caste, and the word "Senma" is an abbreviation form of the word "Senva" in Gujarati dialect.
4 Since the applicant has not received any response regarding his appointment, he has submitted his representation to know the status of his candidature. In response to it, the respondents have issued the impugned order at Annexure A/1 & A/2 wherein it has been stated that the discrepancy in the Caste Certificate of the applicant and applicant belongs to "Senma Caste" which is not listed in the schedule maintained by the Central Government and on the said ground candidature of the applicant has not been considered for appointment.
4.2 Learned counsel Mr. Joshi for the applicant submits that if there was any confusion or certain facts needed to be ascertained with respect to verification of declaration of the caste/sub-caste of the candidate in the present case applicant herein, the recruiters could refer to the order of the Railway Board dated 7.7.2016 (Annexure-A/10) which states that the authorities must properly check the SC/ST certificate issued by the Civil authorities and if any discrepancy is noticed, it should be immediately brought to the notice of the civil authority. It also refers to the DoP&T Memorandum No.36011/1/2012-Estt (Resi.) dated 08.10.2015 (Annexure-A/12), the paragraph 4 of which reads as under:-
"It is therefore, reiterated that in the situation where a candidate belonging to a Scheduled Caste, Scheduled Tribe, and Other Backward Classes is unable to produce certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time and if there is genuine difficulty in his/her obtaining a certificate, the appointing authority should itself verify his/her claim through the District Magistrate concerned."
4.5 Therefore if there is any confusion of discrepancy with respect to caste/sub caste declared by the candidates and stated in the caste certificate issued by the candidate, the matter should be referred to the District Magistrate, as per DoP&T order dated 08.10.2015. However, in the case of applicant without following the said procedure, the respondents themselves decided the caste/sub caste and deprived the applicant of employment.
5 On receipt of notice issued by this Tribunal respondents appeared through Ms R R Patel and submitted their reply. It is mainly contended by the respondent that they have not doubted the correctness of the caste certificate produced by the applicant, but the caste "Senma" to which the applicant belongs is not mentioned in the central list of scheduled caste. Therefore, his candidature has not been accepted.
6 Heard the learned counsel for both the parties and perused the materials placed on record.
7 Prima facie it appears that at the time of verification of documents the difference in the caste shown in the online application and the caste certificate dated 20.03.2010 (Annexure A/4) submitted by him was questioned by the respondents and directed the applicant to produce caste certificate as to which community he belongs correctly. In response to it, applicant has submitted different caste certificate issued by civil authorities wherein his caste has been shown as "Hindu Senva", Senma; as also in one certificate it is noticed that it is stated as "Rawat".
At this stage, we take note that "Senva Caste" (scheduled caste) in Gujarat State is named and called differently in Gujarati local language and dialect, hence the confusion about the correct name of the Caste arose. To avoid such confusion/discrepancy, by way of ordinance dated 16.04.1998, it was notified that "Senma" is an abbreviation form of the word "Senva" and the Caste "Senma" is consists in scheduled castes and persons having this word in School Leaving Certificate or other revenue record are eligible to claim scheduled caste's certificate.
8 It is also noticed that the respondents have produced the list of scheduled caste for the State of Gujarat available on the website of Ministry of Social Justice and Empowerment, Government of India at Annexure R/1, wherein at serial no.25, the caste "Senva, Shenva, Chenva, Sedma, Rawat" has been included. Since the civil authority had issued caste certificate in respect of the applicant as "Hindu Senva" as also "Hindu Senma" and both are declared as scheduled caste, the same has been produced by the applicant before the respondents. However, same has not been accepted by the respondent authorities by stating that as the applicant belongs to "Hindu Senma" caste and same is not included in the list at website of Ministry of Social Justice and Empowerment, Government of India.
9 It is settled law that civil authorities are the competent authorities to certify the correct caste of a person including the candidate in the present case. Though the respondents are not disputing the caste certificate produced by the applicant, but at the same time they have not accepted the said document/certificate on the ground that the caste/sub caste "Senma" is not included in the central list of scheduled castes. On the other hand one cannot ignore that "Senma, Shenva, Senva, Chenva, Rawat" are one and the same caste in Gujarati Dialect as per ordinance referred hereinabove. The provisions contained in para 4 of the DoP&T letter dated 08.10.2015 (Annexure-A/12) clearly mandates that whatever prima facie proof the candidate is able to produce in support of his claim, he should be liable to produce or furnish the prescribed certificates within a reasonable time and if there was genuine difficulty in his obtaining a certificate, the appointing authority should verify his claim through District Magistrate concerned. Since respondents found discrepancy in the caste certificates produced and submitted by the applicant, they can refer the matter to the District Magistrate concerned to get the same verified whether the caste mentioned in the caste certificate produced by the applicant is sufficient to prove that he belongs to the castes mentioned at the entry No.25 of the Central list of SCs for Gujarat State namely, Senva, Shenva, Chenva, Sedma, Rawat. Accordingly, by way of interim measure, we deem it to direct the respondents to get the applicant's claim verified as per the provision at para 4 of the DoP&T order dated 08.10.2015 with the civil authorities within three months from date of receipt of copy of this order and till then, refrain from filling up one vacancy under SC quota of Assistant Loco Pilot & Tech. as notified in CEN.1/2018 dated 03.02.2018. List this matter on 03.02.2022.
10 In the meanwhile, if the required exercise is completed, then it is open for either of the parties to file an application for expeditious hearing.