Case Note & Summary
The petitioner, Hasina Siraj Shaikh, was appointed as an Assistant Teacher in Respondent No.3 School on 15/06/2000, and her appointment was approved by the Education Officer on 26/04/2006. She claimed to belong to the 'Jullah' caste, which is notified as Other Backward Classes (OBC) in Maharashtra, and had obtained a caste certificate on 26/02/1999 from the Sub Divisional Officer. The Caste Scrutiny Committee, Respondent No.4, passed an order on 22/04/2015 invalidating her caste claim. Consequently, the school issued an order on 23/05/2015 terminating her services with effect from 01/06/2015. The petitioner challenged both orders in this writ petition. The court found that the Committee had not considered all relevant documents and had not provided an opportunity of hearing to the petitioner before passing the impugned order. The court held that the Committee's order was unsustainable and set it aside, along with the consequential termination order. The matter was remitted back to the Committee for fresh consideration, with a direction to give an opportunity of hearing to the petitioner and to consider all documents. The court also directed the school to reinstate the petitioner in service within two weeks and to continue her services until the Committee passes a fresh order.
Headnote
A) Caste Scrutiny - Invalid Caste Certificate - Opportunity of Hearing - The Caste Scrutiny Committee invalidated the petitioner's caste certificate without considering all relevant documents and without providing an opportunity of hearing - Held that the Committee must consider all documents and give hearing before invalidating a caste certificate (Paras 4-6).
B) Service Law - Termination - Consequential Order - The school terminated the petitioner's services based on the invalidated caste certificate - Held that termination based on an invalid order of the Committee is unsustainable and set aside (Paras 2, 6).
Issue of Consideration
Whether the Caste Scrutiny Committee's order invalidating the petitioner's caste claim as belonging to 'Jullah' (OBC) and the consequent termination of her services by the school are legal and valid.
Final Decision
The court allowed the petition, quashed the order dated 22/04/2015 of the Caste Scrutiny Committee and the order dated 23/05/2015 terminating the petitioner's services. The matter was remitted back to the Committee for fresh consideration after giving an opportunity of hearing to the petitioner and considering all documents. The school was directed to reinstate the petitioner in service within two weeks and continue her services until the Committee passes a fresh order.
Law Points
- Caste Scrutiny Committee must consider all relevant documents
- opportunity of hearing is mandatory before invalidating caste certificate
- termination based on invalidated certificate without proper scrutiny is unsustainable
Case Details
2020 LawText (BOM) (03) 49
Civil Writ Petition No.5368 of 2015
S. S. Shinde, V. G. Bisht
Mr. S S Kanetkar for the Petitioner, Mr. M M Pabale, AGP for the Respondents/State
State of Maharashtra, Education Officer, Secondary Zillah Parishad Solapur, Principal of Rastamata Indira Kanya Prashala va Kanistha Mahavidyalaya, Caste Scrutiny Committee – I Solapur Division, Solapur
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Nature of Litigation
Writ petition challenging the order of Caste Scrutiny Committee invalidating caste claim and consequential termination of service.
Remedy Sought
Petitioner seeks quashing of the order dated 22/04/2015 passed by Caste Scrutiny Committee invalidating her caste claim and the order dated 23/05/2015 terminating her services.
Filing Reason
The Caste Scrutiny Committee invalidated the petitioner's caste certificate without considering all relevant documents and without providing an opportunity of hearing, leading to her termination.
Previous Decisions
The Caste Scrutiny Committee passed order on 22/04/2015 invalidating the caste claim; the school terminated services on 23/05/2015.
Issues
Whether the Caste Scrutiny Committee's order invalidating the petitioner's caste claim is sustainable without considering all relevant documents and without providing an opportunity of hearing?
Whether the termination of the petitioner's services based on the invalidated caste certificate is legal?
Submissions/Arguments
Petitioner argued that the Committee did not consider all relevant documents and did not give an opportunity of hearing before invalidating the caste certificate.
Respondents/State argued in support of the Committee's order.
Ratio Decidendi
The Caste Scrutiny Committee must consider all relevant documents and provide an opportunity of hearing to the claimant before invalidating a caste certificate. An order passed without such consideration and hearing is unsustainable. Consequently, termination based on such invalid order is also set aside.
Judgment Excerpts
By way of this Petition, the Petitioner takes exception to the order dated 22/04/2015 passed by Respondent No.4 herein i.e. Caste Scrutiny Committee, Solapur by which order Respondent No.4 - Caste Scrutiny Committee has invalidated the caste claim of the Petitioner as belonging to 'Jullah' (OBC).
The Petitioner also seeks to challenge the order dated 23/05/2015 issued by Respondent No.3 School by which order the services of the Petitioner has been terminated with effect from 01/06/2015 in view of the impugned order passed by Respondent No.4 Committee.
Procedural History
The petitioner filed a writ petition in the High Court of Bombay challenging the order of the Caste Scrutiny Committee dated 22/04/2015 and the termination order dated 23/05/2015. The court heard the matter and reserved judgment on 28/02/2020, pronouncing it on 09/03/2020.
Acts & Sections
