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1986 DIGILAW 182 (DEL)

BADRUDDOJA v. UNION OF INDIA

1986-04-11

MALIK SHARIEF-UD-DIN, R.N.AGGARWAL

body1986
MALIK SHARIEF-UD-DIN, J. ( 1 ) THE facts are few and as would appear are admitted by and large by the respondents in their counter affidavit. The petitioner prior to his joining the respondent bank on 30-8-82 was employed with M/s. Barry Sons (India) Pvt. Ltd. where he resigned his job on 25-8-82. In pursuance of an advertisement issued by the respondent bank for filling the post from reserved quota of scheduled caste the petitioner had applied for the same and after taking written test appeared before the interview board of Banking Services Recruitment Board Delhi which took place during the year 1981-82. In his application for the post of clerk under Scheduled Caste Quota the petitioner mentioned his name and his father s name as also the religion to which he belonged and stated that he belongs to Hela caste applicable both to Hindus and Muslims and as such has to be declared as scheduled caste. According to the petitioner the members of the community of Hela caste do the work of sweeping and scavanging. He further asserts that in the society the Helas are considered as untouchables by the high-caste Muslims and Hindus, even though Islam does not recognize casteism. Along with the application, the petitioner had submitted a certificate issued by the Tehsildar Bansgaon, Gorakhpur, U. P. certifying that the petitioner belongs to Hela caste and as such was a scheduled caste. During scrutiny of the papers at the time of interview no objection appears to have been raised about the caste of the petitioner/applicant. On 14-8 -82 the applicant was informed by the Banking Services Recruitment Board Delhi that his name has been recommended, to the Canara Bank having its head office at Bangalore (respondent No. 3) for issuance of appointment letter subject to medical fitness and fulfilling the eligibility conditions as per advertisement and verification antecedents. ( 2 ) ON 20th August 1982, the Canara Bank, Staff Selection, Delhi Circle, Hanuman Road, Parliament Street, New Delhi (respondent No. 4) informed the petitioner to join at Staff Training Centre, Agra on 30-8-82 for training. He was further informed that on completion of training he will be posted to any of the Delhi Branch office and the same will be intimated to him shortly. The petitioner after completion of Induction Course from 30-8-82 to 11-9-82 was. given a completion certificate. He was further informed that on completion of training he will be posted to any of the Delhi Branch office and the same will be intimated to him shortly. The petitioner after completion of Induction Course from 30-8-82 to 11-9-82 was. given a completion certificate. At the time of joining service on 30-8-82 he was again asked to submit caste certificate in original which was duly complied with by him. ( 3 ) THEREAFTER, it appears with a view to verify the caste certificate of the petitioner the bank sent the caste certificate to the District Magistrate, Gorakhpur who in turn confirmed the genuineness of the certificate issued by the Tehsildar concerned. On 23-5-84, it seems, the bank again referred the matter to the District Magistrate Gorakhpur, U. P. for holding further enquiry into the caste of the petitioner in reply to which the District Magistrate informed the bank that even though the petitioner belongs to Hela community, he does not come under the Scheduled Caste Category for the reason of his being a Muslim. Thereafter, the respondents informed the petitioner on 11-4-85 that since as per the prevailing law, due to his being a member of Muslim community, he does not belong to Scheduled Caste category, his declaration of belonging to the Scheduled Caste category was found to be false as per the enquiry made by the District Magistrate. The petitioner in reply informed the respondents that at the time of applying for the job and in his subsequent declaration he has clearly and honestly stated the facts in respect of his caste and religion and, therefore, it was not correct to say that he made a false declaration. He further informed the respondents that at no stage had he concealed the fact that he belongs to Muslim community though he is from Hela caste. Ultimately, respondents 3 and 4 terminated the services of the petitioner by a memo dated 6-12-1985. ( 4 ) IT may be stated that after joining the respondent bank, the petitioner was confirmed in the post of clerk vide order dated 28-2-83 and his work was found to be quite satisfactory. As we have already stated, none of the facts has been disputed. ( 5 ) WE have heard the learned counsel for the parties. Mr. ( 4 ) IT may be stated that after joining the respondent bank, the petitioner was confirmed in the post of clerk vide order dated 28-2-83 and his work was found to be quite satisfactory. As we have already stated, none of the facts has been disputed. ( 5 ) WE have heard the learned counsel for the parties. Mr. K. N. Bhatt appeared for the respondent and has urged before us that as per Brochure on Reservation for Scheduled Castes and Scheduled Tribes in Services (Sixth Edition), para 14. 4, no person professing a religion different from the Hindu or Sikh religion can be deemed to be a member of Scheduled Castes and as per the same para the appointing authorities are duty bound to verify the caste. He has further submitted that according to the Ministry of Home Affairs, O. M. No. 42/34/ 52-NGS dated 17th April 1953, the Bank is duty bound to terminate the services of such persons if on verification it is revealed that the candidates claim of belonging to Scheduled Caste is found to be false. We have given our careful consideration to the facts and circumstances of this case. We appreciate the stand of Shri K. N. Bhatt, learned counsel for the respondents that according to the strict legal position a person belonging to Muslim community cannot be considered to be a Scheduled Caste and will not be entitled to a job from the reserved quota. That being the real position, we do not think there is any scope for disputing the same. ( 6 ) THERE is, however, a very pathetic aspect to this case. It is that, at no stage the petitioner has concealed the fact that he belongs to the Muslim community. It is also undisputed that he belongs to Hela community and the Tehsildar concerned had issued a certificate in his favour to the effect that as the petitioner was a member of Hela community he was a Scheduled Caste. Unfortunately, this fact despite being writ large on the record that the petitioner was a Muslim and could not be a Scheduled Caste came to the mind of the concerned authorities very late in the day. There is no allegation against the petitioner that he procured certificate from the Tehsildar by concealing any fact or by adopting any fraudulant means. Unfortunately, this fact despite being writ large on the record that the petitioner was a Muslim and could not be a Scheduled Caste came to the mind of the concerned authorities very late in the day. There is no allegation against the petitioner that he procured certificate from the Tehsildar by concealing any fact or by adopting any fraudulant means. In fact, even the District Magistrate confirmed that such a certificate has been issued by the Tehsildar concerned. Obviously, at no stage has any attempt been made by the petitioner to cheat or defraud the respondents. Earlier to joining the bank service on 30-9-82 the petitioner was employed with M/s. Barry Sons (India) Ltd. which job he resigned on 25-8-82 after he was E informed on 14-8-82 that he has been recommended for appointment in the banking services. Thereafter, the petitioner was also sent to undergo Induction course which he completed. Unfortunately, for the reason stated, his services were terminated on 6-12-85. This is very unfortunate situation for which neither the petitioner nor the respondents are to be blamed. Till 11-4-85 when a notice was issued to the petitioner, he was genuinely under an impression that he was rightly inducted in service of the bank against the reserved quota. The petitioner has served the bank for more than three years. The petitioner has lost his previous job. The respondents are not to be blamed for their action as they were duty bound to get the verification done. ( 7 ) KEEPING in view all these facts, we find that this is a unique case where the ends of justice can only be met by making appropriate orders. If the termination order of the bank is alowed to operate it will certainly cause a great deal of injustice to the petitioner. We would, therefore, in the peculiar circumstances of this case allow this petition and quash the termination order dated 6-12-85 passed by respondents 3 and 4 terminating the services of the petitioner. We would, however, direct that the petitioner s appointment should not be treated as an appoint- ment from the reserved quota. His appointment shall be treated as one from the general quota. The petitioner will be debarred from claiming service benefits like promotion against the reserved quota. There should be no break in the service of the petitioner and we direct that he shall be taken on duty. His appointment shall be treated as one from the general quota. The petitioner will be debarred from claiming service benefits like promotion against the reserved quota. There should be no break in the service of the petitioner and we direct that he shall be taken on duty. In view of the facts of the case we make no order as to costs.