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Madhya Pradesh High Court · body

2020 DIGILAW 213 (MP)

Shrikrishna v. State of M. P.

2020-02-10

AJAY KUMAR MITTAL, VIJAY KUMAR SHUKLA

body2020
ORDER Shukla, J. -- 1. The present petition is filed under Article 226 of the Constitution of India seeking a direction to the respondents to accept the caste certificate issued by the Sub-Divisional Officer and thereafter to issue appointment order. 2. The facts in short are that the respondent No. 3 M. P. Public Service Commission issued an advertisement to fill up the vacancies of the post of Assistant Professors in Government colleges on the requisition of the respondent No. 1. The petitioner belongs to scheduled caste and is domicile of Madhya Pradesh. He applied for the post. He pleaded that the petitioner passed the written examination as well as the interview and was placed in the select list. However, the appointment order has not been issued to the petitioner on the pretext that the caste certificate was issued by the Tehsildar of State of Uttar Pradesh (U. P.). Thereafter the petitioner also produced caste certificate issued by the authority at Jabalpur but still the respondents have not issued the appointment order. 3. From the pleadings, it is borne out that the petitioner belongs to Chamar caste, which is a scheduled caste. The petitioner has obtained the caste certificate from the State of U. P. to certify that the petitioner belongs to scheduled caste being Chamar and has been shown resident of village and post Kakupur, Tehsil Bilhaur, District Kanpur Nagar (U. P.). The said certificate was filed along with the form for the post of Assistant Professor published by the M. P. Public Service Commission. The petitioner also filed domicile certificate of the Madhya Pradesh. The petitioner was not considered for the appointment, then he produced the caste certificate issued from the office of the Sub-Divisional Officer, Jabalpur. 4. Learned counsel for the petitioner submitted that since the petitioner is domicile of Madhya Pradesh, therefore, he ought to have been given the benefit of the scheduled caste. The petitioner was not considered for the appointment, then he produced the caste certificate issued from the office of the Sub-Divisional Officer, Jabalpur. 4. Learned counsel for the petitioner submitted that since the petitioner is domicile of Madhya Pradesh, therefore, he ought to have been given the benefit of the scheduled caste. He referred clause (vi) of the advertisement in support of his submissions, which reads as under: ^^¼6½ vuqlwfpr tkfr] vuqlwfpr tutkfr] vU; fiNM+k oxZ] efgyk rFkk fu%’kDrtu gsrq vkjf{kr in dsoy e/; Áns’k ds ewyfuoklh vuqlwfpr tkfr] vuqlwfpr tutkfr] vU; fiNM+k oxZ] efgyk rFkk fu%’kDrtu gsrq vkjf{kr gSA NRrhlx<+ lfgr vU; Áns’kksa ds ewyfuoklh ,sls vkosnd tks vius ewyfuokl ds jkT; esa vuqlwfpr tkfr] vuqlwfpr tutkfr] vU; fiNM+k oxZ ds :i esa ekU; gSa rFkk vU; Áns’kksa ds fu%’kDrtu rFkk efgyk vH;FkhZ vkj{k.k gsrq ik= ugha gSaA mUgsa vukjf{kr inksa gsrq fopkfjr fd;k tk;sxkA** At this stage, it would be appropriate to reproduce clause (vii) of the advertisement also, which reads as under: ^^¼7½ e/; Áns’k ds ckgj ds vuqlwfpr tkfr] vuqlwfpr tutkfr] vU; fiNM+k oxZ ds mEehnokj viuk oxZ vukjf{kr fy[ksA** 5. On reading of the aforesaid clauses, it is manifest that the bona fide residents of the State of M. P. belonging to scheduled caste, scheduled tribe, OBC, women and physically handicapped were to be extended the benefit of the caste as per the advertisement. In clause (vii) it is clearly mentioned that the candidates belonging to scheduled caste, scheduled tribes and OBC of the other State have to be mentioned as unreserved category. 6. The argument of the learned counsel for the petitioner is that the Chamar caste in both States are recognized and therefore, he is entitled for the benefit of the scheduled caste category. The said issue as to whether the person who belongs to scheduled caste notified in one State is entitled to the same status and privilege on his migration to another State has already been considered in para 11 in the case of Hansraj Singh and others v. State of M. P. and others [ 2013 (1) MPLJ 370 ], which reads as under : “11. The aforesaid issue raised by the petitioners stands conclusively decided by the Constitution Bench of the Supreme Court in the case of Action Committee on Issue of Caste Certificate to Scheduled Castes and Scheduled Tribes in the State of Maharashtra and Another v. Union of India and Another [ (1994) 5 SCC 244 ], wherein the same issue, as raised by the petitioners, was considered and decided against the petitioners and it was held as follows in para 16 : ‘16. We may add that considerations for specifying a particular caste or tribe or class for inclusion in the list of Scheduled Castes/Schedule Tribes or backward classes in a given State would depend on the nature and extent of disadvantages and social hardships suffered by that caste, tribe or class in that State which may be totally non est in another State to which persons belonging thereto may migrate. Coincidentally, it may be that a caste or tribe bearing the same nomen clature is specified in two States but the considerations on the basis of which they have been specified may be totally different. So also, the degree of disadvantages of various elements which constitute the input for specification may also be totally different. Therefore, merely because a given caste is specified in State A as a Scheduled Caste does not necessarily mean that if there be another caste bearing the same nomenclature in another State, the person belonging to the former would be entitled to the rights, privileges and benefits admissible to a member of the Scheduled Caste of the latter State “for the purposes of this Constitution”. This is an aspect which has to be kept in mind and which was very much in the minds of the Constitution-makers as is evident from the choice of language of Articles 341 and 342 of the Constitution. That is why in answer to a question by Mr. Jaipal Singh, Dr. Ambedkar answered as under : “He asked me another question and it was this. That is why in answer to a question by Mr. Jaipal Singh, Dr. Ambedkar answered as under : “He asked me another question and it was this. Supposing a member of a Scheduled Tribe living in a tribal area migrates to another part of the territory of India, which is outside both the scheduled area and the tribal area, will he be able to claim from the local Government within whose jurisdiction he may be residing, the same privileges which he would be entitled to when he is residing within the scheduled area or within the tribal area? It is a difficult question for me to answer. If that matter is agitated in quarters where a decision on a matter like this would lie, we would certainly be able to give some answer to the question in the form of some clause in this Constitution. But so far as the present Constitution stands, a member of a Scheduled Tribe going outside the scheduled area or tribal area would certainly not be entitled to carry with him the privileges that he is entitled to when he is residing in a scheduled area or a tribal area. So far as I can see, it will be practicably impossible to enforce the provisions that apply to tribal areas or scheduled areas, in areas other than those which are covered by them ...’ “ Relying on this statement, the Constitution Bench ruled that the petitioner was not entitled to admission to the medical college on the basis that he belonged to a Scheduled Tribe in the State of his origin.” 7. In view of the aforesaid enunciation of law, we do not find any merit in the contention of the learned counsel for the petitioner that the petitioner is entitled for the benefit of the caste certificate in the State of M. P. on migration. Apart from this, the communication dated 27.12.2019 filed as Annexure P-10 issued by the Sub-Divisional Officer, Adhartal, Jabalpur addressed to the Commissioner, Higher Education Commission shows that the digital caste certificate issued to the petitioner is under scrutiny and the enquiry is under contemplation in that regard. 8. In view of the aforesaid, we do not find any merit in the petition filed by the petitioner. Accordingly, the same is dismissed.