ARSHAD JAMIL versus STATE OF UTIARAKHAND & ORS.

Citation: [2011] 12 S.C.R. 414 · Decided: 07-09-2011 · Supreme Court of India · Bench: MUKUNDAKAM SHARMA · Disposal: Disposed off

Judgment (excerpt)

A 
B 
[2011] 12 S.C.R. 414 
ARSHAD JAMIL 
v. 
STATE OF UTIARAKHAND & ORS. 
(Civil Appeal No. 7721 of 2011) 
SEPTEMBER 7, 2011 
[DR. MUKUNDAKAM SHARMA AND ANIL R. DAVE, 
JJ.] 
Service law - Termination of service - Post of civil judge 
C reserved under category of Other Backward Classes for 
residents of State of Uttrakhand - Selection of appellant on 
basis of caste certificate issued by Tehsildar, Roorkee -
Cancellation of caste certificate by Tehsildar since the 
appellant obtained the caste certificate by showing himself a 
D resident of Roorkee in a mischievous manner, while he was 
actually a permanent resident of Muzaffarnagar- Writ petition 
by the appellant - Order of Tehsi.'dar canceling the caste 
certificate, quashed by the High Court on the ground of 
violation of principles of natural justice - Pursuant thereto 
E appellant given opportunity, on basis thereof he filed replies 
and by order dated 1.9.2005, the Tehsildar cancelled the 
caste certificate - Thereafter, termination of services of the 
appellant - Writ petition challenging the termination order -
Direction by the High Court to re-instate the appellant but 
F denial of payment of any salary or allowances for the period 
he did not actually work - Another writ petition filed 
challenging the order dated 1.9.2005 canceling the caste 
certificate which was dismissed - On appeal, held: There was 
sufficient documentary evidence on record to prove that the 
G appellant was ordinarily resident of Muzzaffaragar, U.P. - His 
name was included in the electoral roll of Muzaffamagar in 
the year 1993 - Despite his claim that he was residing in 
Roorkee, there is no documentary evidence except for 
municipal record issued in 2003 showing him as tenant in 
H 
414 
ARSHAD JAMIL v. STATE OF UTTARAKHAND & 
415 
ORS. 
Roorkee - There is no contemporaneous document prior to 
A 
the issuance of caste certificate showing and justifying his 
claim that he was ordinarily a resident of Roorkee - Tehsildar 
cancelled the caste certificate by a detailed order giving 
cogent and valid reasons thereof - Thus, there is no infirmity 
in the order of the High Court upholding the order of tbe 
B 
Tehsildar canceling the caste certificate of the appellant -
Termination order of the appellant is upheld - Social status 
certificate. 
The Uttrakhand Public Service Commission issued 
C 
an advertisement inviting applications for recruitment to 
the post of Civil Judge whereby only residents of the 
State of Uttrakhand were entitled to the benefit of 
reservation under the category of Other Backward 
Classes. (OBCs). The said candidates had to produce a 
caste certificate in terms of the format attached thereto 
D 
certifying as to ordinarily res.ident of the State. The 
appellant obtained a caste certificate, issued by the 
Tehsildar, Roorkee. Th~ appellant was selected for the 
post of Civil Judge against a reserved category post 
meant for (OBCs). Thereafter, on basis of a complaint that 
E 
the appellant is a permanent resident of Muzaffarnagar, 
detailed inquiry was carried out. It was found that the 
appellant had obtained the caste certificate by showing 
himself a resident of Roorkee in a mischievous manner, 
while he was actually a permanent resident of 
F 
Muzaffarnagar. The Tehsildar, Roorkee cancelled the 
caste certificate issued to the appellant by the order 
dated 02.03.2005. The appellant filed a writ petition 
challenging the legality and the validity of the order. The 
High Court quashed the said order on the ground of G 
violation of principles of natural justice, with liberty to the 
Tehsildar to issue notice to the appellant and to give 
reasonable opportunity to file his objections against the 
proposal to cancel the caste certificate. Subsequent 
thereto, the appellant was given an opportunity and he 
H 
416 
SUPREME COURT REPORTS 
[2011] 12 S.C.R. 
A filed replies. The Tehsildar, Roorkee by order dated 
1.9.2005 canceled the caste certificate issued to the 
appellant. Meanwhile, the appellant filed a writ petition 
before the High Court challenging the order terminating 
his service and the same was allowed directing the 
B reinstatement of the appellant with continuity of service 
without any break, but without any salary or allowances 
for the period for which he had not actually worked. The 
writ petition challenging the order dated 1.9.2005 
canceling the caste certificate was dismissed holding that 
c the appellant cannot get the benefit of being OBC s

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