Case Note & Summary
The petitioner, Suresh Dhanraj Dhani, was appointed as an Assistant Teacher in 1997 in a school run by Zilla Parishad, Akola, based on a caste certificate showing 'Koli Mahadeo (Scheduled Tribe)'. He had been in service since then. On 08.01.2012, respondent no. 3 directed the petitioner to submit documents pertaining to Special Backward Category (SBC). On 22.02.2013, the Caste Scrutiny Committee granted a certificate to the petitioner belonging to 'Special Backward Category'. The petitioner submitted this caste validity certificate to respondent no. 3. Thereafter, respondent no. 3 issued a show cause notice dated 19.06.2013 to the petitioner to submit a validity certificate belonging to Scheduled Tribe and threatened to terminate his services. The petitioner approached the High Court. During the hearing, the petitioner's counsel made a statement that the petitioner would file an undertaking giving up all Scheduled Tribe privileges and benefits obtained on the basis of the Scheduled Tribe certificate, except continuity of service. The court, relying on its earlier judgment in Ku. Vijaya Deorao Nandanwar v. Chief Officer, Municipal Council, Wardha (W.P. No. 5530/2012 & ors., dated 10.07.2013), quashed the impugned notice dated 19.06.2013 and protected the petitioner's service on the condition that the petitioner files an undertaking within two weeks. The court clarified that the petitioner would not be entitled to any earlier privileges except continuity of service, and the respondents are at liberty to withdraw benefits and restore the position as on 28.11.2000. The respondents may also take action if fraud or misrepresentation is proved, following due procedure.
Headnote
A) Service Law - Caste Certificate - Validity - Protection of Service - Petitioner appointed as Assistant Teacher in 1997 based on Scheduled Tribe certificate - Later, Caste Scrutiny Committee issued validity certificate for Special Backward Category - Respondent threatened termination - Petitioner gave undertaking to give up all Scheduled Tribe privileges except continuity of service - Court quashed termination notice and protected service subject to conditions - Held that petitioner is entitled to protection of service on conditions (Paras 5-7).
Issue of Consideration
Whether the petitioner's service can be protected despite the caste certificate being for a different category than originally claimed, upon giving up Scheduled Tribe privileges.
Final Decision
The impugned communication/notice dated 19.06.2013 is quashed and set aside. The petitioner is entitled to protection of service on the condition that he files an undertaking within two weeks giving up all Scheduled Tribe privileges except continuity of service. The respondents are at liberty to withdraw benefits and restore the position as on 28.11.2000, and may take action if fraud or misrepresentation is proved. Petition disposed of with no costs.
Law Points
- Caste certificate validity
- Service protection
- Undertaking to give up privileges
- Continuity of service
- Withdrawal of benefits
