Ravi Virmani vs Ajad Khan and others

The petitioner before this Court is aggrieved by the letter dated 21.8.2014 (Annexure P/11) and the order dated 9.3.2015 (Annexure P/16). The order dated 21.8.2014 is the information provided to the petitioner by the Sub Divisional Officer, Seoni wherein it is stated that ''Bagri'' caste is not entitled to be included in the scheduled caste category, hence no caste certificate can be issued to him. The order dated 9.3.2015 (Annexure P/16) is the order whereby the services of the petitioner have been terminated on the ground that he has not been able to comply with condition No.15 of the contract dated 26.5.2003 whereby he was appointed as Assistant Sub Inspector at Krishi Upaj Mandi Samiti, Barghat.

The case of the petitioner in brief is that he belongs to ''Bagri'' caste and has been issued a provisional caste certificate and on 15.6.2003 the Naib Tehsildar, Seoni extended the same for limited duration, till 18.12.2003. The petitioner belongs to ''Bagri'' caste is also apparent from the college leaving certificate dated 13.1.2011 issued by the Government, P.G. College, Seoni. The petitioner has also filed the khasra entries for the year 1916-17 wherein against the name of great grandfather of the petitioner, namely, Chudaman, the caste ''Bagri'' is also mentioned which indicates that the petitioner belongs to ''Bagri'' community. The petitioner has also applied for caste certificate, which was issued by the Naib Tehsildar on 18.12.2002 on the basis of which the petitioner got appointment vide order dated 26.5.2003 and he joined the services on 20.6.2003 as per Annexure P/5 as Assistant Sub Inspector at Krishi Upaj Mandi Samiti, Barghat District Seoni and since then the petitioner was working on the said post for the last more than 11 years. In the meantime, the petitioner has also applied for the permanent caste certificate from the Sub Divisional Officer, Seoni on 27.4.2004 and since no permanent caste certificate was issued to the petitioner, the petitioner filed W.P. No.18562/2010 for a direction to be issued to the Sub Divisional Officer and Naib Tehsildar to grant permanent caste certificate and for verification of the provisional caste certificate dated 18.12.2002. This Court, vide order dated 3.1.2011 has directed the Sub Divisional Officer, Seoni to consider the case of the petitioner in respect of grant of permanent caste certificate and in pursuance of the same, the Naib Tehsildar vide letter dated 6.7.2011 instead of granting a permanent caste certificate, has verified the provisional caste certificate granted to the petitioner earlier. In the order of verification dated 6.7.2011, it is mentioned that the petitioner''s caste certificate dated 18.12.2002 was found to be granted for a period of six months. The petitioner also submitted an application (Annexure P/9) to the respondents on 6.10.2010 for verification of his caste certificate so that his probation period could be ended. Thereafter, after four years, the petitioner also submitted an application dated 6.6.2014 to the Collector, Seoni with a prayer that his caste certificate may be issued expeditiously as his probation period is still continuing in the absence of the aforesaid caste certificate. On the petitioner''s application for the grant of caste certificate, instead of issuing a permanent caste certificate or any order of rejection, the petitioner was informed vide Annexure P/11 dated 21.8.2014 that ''Bagri'' caste does not fall within the scheduled caste, hence no caste certificate can be issued to him. This letter dated 21.8.2014 (Annexure P/11) is also under challenge in this petition.

The contention of the petitioner is that ''Bagri'' caste falls within the category of scheduled caste in the State of Madhya Pradesh as per the information (Annexure P/12) provided by the Assistant Public Information Officer, M.P. State Scheduled Caste Commission, Bhopal wherein as per the Appendix of scheduled castes, ''Bagri-Bagdi'' falls within the category of scheduled caste. Thereafter vide Annexure P/13 dated 28.1.2015, the petitioner was issued a show cause notice that since he has not been able to submit permanent caste certificate as per condition No.15 of the appointment order within a period of six months, then why his services be not terminated because he has not been able to produce the permanent caste certificate even after 11 years of service. In response to the aforesaid notice, the petitioner submitted his reply on 2.2.2015 with a prayer that the efforts to get the permanent caste certificate are underway and no action may be taken against him. Thereafter vide order dated 9.3.2015 the services of the petitioner have been terminated on the ground that he is not able to get permanent caste certificate despite 11 years of service whereas he was required to furnish the caste certificate as per para 15 of the

contract within a period of six months. In the circumstances, the petitioner has submitted that there was no delay or error on his part if the permanent caste certificate is not provided to him, hence impugned order 9.3.2015 (Annexure P/16) be quashed.

In reply, the counsel for the respondents No.2 and 3 has submitted that as per the condition No.15 of the appointment letter of the petitioner within six months of appointment permanent caste certificate had to be provided ("VERNACULAR MATTER OMITTED") and hence it is contended by the learned counsel that no illegality has been committed by the respondents in passing the impugned order. The learned counsel for the State has submitted that although the State has chosen not to file any reply but still a bare perusal of the order passed by this Court in W.P. No.18562/2010 reveals that the respondents were directed to pass appropriate order in respect of the petitioner''s caste certificate and since the same was not complied with, no action was taken by the petitioner by way of any contempt petition, hence it should be presumed that the petitioner himself was negligent in prosecuting his case, hence no interference is called for by this Court in the impugned order.

Heard the counsel for the parties and perused the record.

From the record, it is apparent that the petitioner was appointed vide order dated 26.5.2003 and at the time of his appointment, he had produced the provisional caste certificate dated 18.12.2002 and as it is apparent from condition No.15 that the petitioner was required to submit his permanent caste certificate within a period of six months, but he has not been able to produce the same. The reasons assigned by the petitioner to substantiate his case that he was not able to get the caste certificate for no error on

his part, appears to be reasonable inasmuch as that initially in the year 2000 the caste certificate was issued to the petitioner by the Naib Tehsildar for a limited period and thereafter it was again renewed by the same Authority on 15.06.2003 (Annexure P/1). That, the petitioner also submitted a W.P. No.18562/2010 before this Hon''ble Court, which was disposed of on 03.01.2011 with a direction to the Sub Divisional Officer, Seoni to pass necessary orders in respect of entitlement of the certificate of scheduled caste. Despite the fact that the petitioner belongs to ''Bagri'' caste, he was informed by the concerned authority vide Annexure P/11 dated 21.8.2014 that ''Bagri'' caste does not fall within the category of scheduled caste and thereafter when the petitioner again preferred a writ petition before this Court, this Court directed the respondent No.2 to pass the order in respect of the petitioner''s permanent caste certificate. Despite such order, what the SDO has done is that the earlier caste certificate issued to the petitioner has only been verified instead of passing any specific order in respect of the petitioner''s caste by issuing or denying to issue a permanent caste certificate. All the respondents and authorities, who were involved or who were responsible to pass an order on the caste certificate of the petitioner are the Government authorities who have failed to perform their duties. What was expected from a reasonable person under these circumstances, has been done by the petitioner by filing applications regarding the issuance of permanent caste certificate and then filing a writ petition, in pursuance of which verification order was issued whereby the earlier caste certificate issued to him has been verified.

In these circumstances, it cannot be said that there is a deliberate or willful non-compliance of condition No.15 of the

appointment order on the part of the petitioner to get the permanent caste certificate. It is nobody''s case that the caste certificate issued to the petitioner or obtained by the petitioner is a forged certificate or that the caste ''Bagri'' does not fall within the category of scheduled caste as the same has already been notified by the State of Madhya Pradesh and has been brought on record vide Annexure P/12 wherein the ''Bagri-Bagdi'' caste is shown as scheduled caste at Serial No.2 of the Appendix of the scheduled castes. In the light of the notification Annexure P/12, the letter Annexure P/11 dated 21.8.2014 is liable to be quashed as the same has been issued in contravention of the Appendix II of the Scheduled Castes in the State of M.P.

So far as the contention advanced by the learned counsel for the respondent/State that the petitioner was at fault in not pursuing the matter after the petition was filed is also not tenable as a verification order was issued in favour of the petitioner and thereafter application was also filed by him for grant of caste certificate. The impugned order Annexure P/16 dated 09.03.2015, whereby the services of the petitioner have been terminated has not considered the fact that there was no error or delay on the part of the petitioner to get his permanent caste certificate. The impugned order Annexure P/16 appears to have been passed in a mechanical and arbitrary manner and without any application of mind, hence the same is liable to be quashed.

In these circumstances, the petitioner has made out a case under Article 226 of the Constitution of India. Thus, the impugned order dated 9.3.2015 (Annexure P/16) is liable to be quashed and is hereby quashed. Consequently, it is directed that the petitioner be reinstated in the employment w.e.f. 09.03.2015 with all the

consequential benefits but without back wages. However, the petitioner is again directed to approach the respondents to get the permanent caste certificate as the condition to get the permanent caste certificate as provided under clause 15 cannot be dispensed with. The concerned Authority shall also pass the order in accordance with law as expeditiously and the petitioner''s services shall be subject to the final order passed by the concerned authority in respect of the petitioner''s caste certificate.

The petition stands allowed to the extent as indicated above. No order as to costs.