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2010 DIGILAW 342 (BOM)

Ravi v. Power Grid Corporation of India Limited

2010-03-04

S.A.BOBDE, VASANTI A.NAIK

body2010
Oral Judgment: S.A. Bobde, J. 1. Rule, returnable forthwith. Heard by consent of learned Advocates for the parties. 2. After the petitioner was appointed to the post of Assistant (Finance) by letter dated 29-5-2009, he was not allowed to join. Hence, this petition. 3. It appears that the respondent did not allow the petitioner to join because according to the respondent, the petitioner has not submitted any documentary proof indicating any step by him towards verification and validation of his Caste Certificate as directed by the Joint Commissioner and Vice- Chairman of S.C., S.T. Caste Scrutiny Committee, Nagpur. 4. Mr. Shrivastava, the learned Advocate for the petitioner submits that though the respondent is entitled to have the petitioner's caste certificate verified by the Caste Scrutiny Committee, this process usually takes place after the candidate has joined the post in pursuance of the appointment letter. The verification, according to the learned Advocate, is a time consuming process and cannot precede the appointment. 5. We find that there is no condition on a candidate such as the petitioner that he must have his Caste Certificate verified before he is allowed to join. The appointment letter merely requires the candidate to produce a Caste Certificate in original and one true copy duly attested by Gazetted Officer in the enclosed proforma to the prescribed authority in support of the Caste/Tribe. The prescribed authority which has issued Caste Certificate to the petitioner is the Executive Magistrate. Hence, we find that the petitioner has complied with the terms of the appointment in this regard. 6. Mr. Mehadia, the learned Advocate for the respondent submits that the petitioner will be allowed to join provided he complies with Clause 9 (a) and Note - v which reads as follows:- “9 (a) – Candidates belonging to Scheduled Caste/Scheduled Tribe/Other Backward Class (NCL) community should bring the original certificate and one true copy duly attested by a Gazetted Officer in the enclosed proforma from prescribed authority in support of Caste/Tribe. v - SC/ST/OBC(NCL) Caste Certificate proforma (Two pages) (The fresh Caste Certificate must be taken from the Issuing Authority in the enclosed proforma and its submission is compulsory at the time of joining).” 7. v - SC/ST/OBC(NCL) Caste Certificate proforma (Two pages) (The fresh Caste Certificate must be taken from the Issuing Authority in the enclosed proforma and its submission is compulsory at the time of joining).” 7. We accordingly hold that the respondent is not entitled to insist on scrutiny of the Caste Certificate by the Caste Scrutiny Committee before the petitioner is allowed to join, but, however is entitled to insist the production of Caste Certificate in accordance with Clause 9 (a) and Note - v. 8. Rule made absolute in above terms.