Case Note & Summary
The petitioners were appointed as Clerks under reserved category on 28/10/2015 and joined the service of respondent no.3 - Collector, Thane. Their appointment orders contained a condition (Clause 8) requiring them to submit a Caste Validity Certificate within six months from the date of resuming duties, or alternatively to apply to the Scheduled Tribe Certificate Scrutiny Committee (respondent no.2) for verification of their caste claim. The petitioners could not obtain the Caste Validity Certificate within the stipulated period due to heavy pendency before the Scrutiny Committee, which was beyond their control. Consequently, the Collector passed orders terminating their services, citing the condition in the appointment order and invoking Section 10 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000. The petitioners challenged these termination orders before the Bombay High Court. The court considered the submissions of the petitioners' counsel, who argued that the Collector lacked the power to terminate services under Section 10 of the Act, which pertains to cancellation of caste certificates, not termination of employment. Reliance was placed on the judgment in Shrikant Chandrakant Saidane & Ors. vs. State of Maharashtra & ors. [2012 (4) Bom. C.R. 295]. The court agreed with the petitioners, holding that the Collector was not empowered to pass termination orders under Section 10 of the Act. The impugned termination orders were quashed and set aside, and the petitioners were directed to be reinstated in service. The court also directed that the petitioners' caste claims be verified by the Scrutiny Committee within a period of six months, and that the petitioners cooperate in the verification process.
Headnote
A) Service Law - Termination - Caste Validity Certificate - Section 10 of Maharashtra SC, ST, etc. Act, 2000 - Petitioners appointed as Clerks under reserved category were terminated by Collector for not submitting Caste Validity Certificate within six months as per appointment order - Court held that Collector is not empowered to pass termination order under Section 10 of the Act, which deals with cancellation of caste certificate, not termination of service - Termination orders quashed and set aside (Paras 1-5).
Issue of Consideration
Whether the Collector can terminate the services of an employee appointed against reserved category for non-submission of caste validity certificate within six months by invoking Section 10 of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000.
Final Decision
The impugned termination orders are quashed and set aside. The petitioners are directed to be reinstated in service. The Scrutiny Committee is directed to verify the caste claims of the petitioners within six months. The petitioners shall cooperate in the verification process.
Law Points
- Termination for non-submission of caste validity certificate within stipulated period is not permissible under Section 10 of the Maharashtra Scheduled Castes
- Scheduled Tribes
- De-notified Tribes (Vimukta Jatis)
- Nomadic Tribes
- Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act
- 2000
- Collector lacks power to terminate under that provision
- pendency before Scrutiny Committee is beyond employee's control
